1. In an appeal under S.54A(2)(ii) of the Employees' State Insurance Act, 1948 against the decision of the Medical Board determining the disablement of an insured person, is it proper for the Employees' Insurance Court to determine the percentage of disablement mainly taking into consideration the circumstance that the insured person is practically incapable of doing the work or the employer is not willing to give him any suitable work or that his earning capacity is nil since he is unemployed?.

2. This important question arises in this appeal filed by the Regional Director, Employees' State Insurance Corporation, Trichur, hereinafter referred to as the E.S.I. Corporation. The appellant before the E.S.I. Court who is the respondent herein, is hereinafter referred to as the employee. The employee met with an accident in the course of his employment on 12-12-1987, when he was working as a Winder in M/s. Kerala Spinners Ltd. After discharge from the hospital where he was treated, he had complaints of severe pain at the lower portion of his vertebral column which was diagnosed as 'intervertebral disc prolapse' which was caused due to the accident. He was examined by the E.S.I. M