[Section 90 heading substituted by section 57(a) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023]
| (1) | The Commissioner may on his or her own accord, and after notice to the affected party or on application by such party, at any time vary any decision in connection with a claim for compensation or the award of the compensation on the ground— |
[Words preceding section 90(1)(a) substituted by section 57(b) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 23 January 2026 per (a) of Proclamation Notice 306, GG53990 dated 23 January 2026]
| (a) | that the employee has not submitted himself to an examination referred to in section 42; |
| (b) | that the disablement giving rise to the award is prolonged or aggravated by the unreasonable refusal or failure of the employee to submit himself to medical aid; |
| (c) | that compensation awarded in the form of a periodical payment or a pension is excessive or insufficient because of existing or changed circumstances; |
| (d) | that the decision or award was based on an incorrect view or misrepresentation of the facts, or that the decision or award would have been otherwise in the light of evidence available at present but which was not available when the Director-General made the decision or award. |
| (2) | The Director-General may, after he has considered the evidence and representations submitted to him and made such inquiry as he may deem necessary, confirm, amend or set aside his decision, and may suspend, discontinue, reduce or increase compensation awarded. |
| (3) | For the purposes of this section compensation shall include medical aid. |
