select *,(select top 1 headnote from hntojudgement where jid=njudgement.jid) as title,(select top 1 headnote from headnotes where jid=njudgement.jid order by hnid desc) as headnote from njudgement where jid='46551' Loss of earning capacity must be medically assessed; tribunals cannot presume functional disability for assessing compensation under Employees' Compensation Act, 1923.
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2026 LLR WEB 679 (ORISSA HIGH COURT)
Loss of earning capacity must be medically assessed; tribunals cannot presume functional disability for assessing compensation under Employees' Compensation Act, 1923.

EMPLOYEES' COMPENSATION - Permanent disability - Loss of earning capacity - Medical evidence - Section 4(1)(c)(ii) of the Employees' Compensation Act, 1923 - Distinction between physical disability and functional disability - Injuries not specified in Schedule I - Requirement of assessment by qualified medical practitioner - Impermissibility of conjectural determination - Scope of appellate interference - Power to remand for fresh medical evaluation - Interest and penalty dependent on lawful computation... subscribe to read more..

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