Cases in which employer may alter periodic payments

An employer shall not be entitled otherwise than in pursuance of an agreement to end or diminish a periodic payment except in the following cases, (a) where a workman in receipt of a periodic payment in respect of total incapacity has actually returned to work; (b) where the earnings of a workman in receipt of a periodic payment in respect of partial incapacity have actually been increased; 22 (c) where the medical practitioner who has examined the workman under section 18 of this Act or, in his absence, any other medical practitioner has certified that the workman has wholly or partially recovered, or that the incapacity is no longer due in whole or in part to the accident, and a copy of the certificate (which shall set out the grounds of the opinion of the medical practitioner) together with notice of the intention of the employer from the date of the service of the notice to end the periodic payment, or to diminish it by the amount as is stated in the notice, has been served by the employer upon the workman, Provided that, (a) in the case mentioned in paragraph (c) of this section, if before the expiration of ten clear days from the date of the service of the notice the workman sends to the employer the report of another medical practitioner (which report shall set out the ground of his opinion) disagreeing with the certificate so served by the employer (and for which report the employer shall pay) the periodic payment shall not be ended or diminished except in accordance with such report, or if and so far as the employer disputes such report except in accordance with the certificate given by the medical referees in pursuance of section 52 of this Act; and (b) where an application has been made in pursuance of section 52 of this Act, to refer the dispute to a medical referee, the employer may, pending the settlement of the dispute pay into court, (i) where the notice was a notice to end the periodic payment, the whole of each periodic payment becoming payable in the meantime; (ii) where the notice was a notice to diminish the periodic payment, so much of each periodic payment so payable as is in dispute; and the sum so paid into court shall, on the settlement of the dispute, be paid to the employer or to the workman, according to the effect of the certificate of the medical referee, or, if the effect of that certificate is disputed as in default of agreement, may be determined by the court, or, on appeal by the Supreme Court; (c) nothing in this section shall be construed as authorizing an employer to end or diminish a periodic payment in any case in which, or to an extent to which, apart from this section he would not be entitled to do so.