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1. Where no insurance scheme covering occupational injuries or diseases exists in the territory of the Contracting Party where the worker happens to be or where an insurance scheme exists but has no institution responsible for the provision of benefits in kind, such benefits shall be provided by the institution of the place of residence or temporary residence responsible for providing benefits in kind in the event of sickness.
2. Where the legislation of the competent State provides that benefits in kind shall not be completely free unless use is made of the medical service organised by the employer, the benefits in kind provided in the cases referred to in Article 38, paragraph 1, and in Article 40, paragraph 1, shall be deemed to have been provided by such medical service.
3. Where the legislation of the competent State embodies an employers’ liability scheme, the benefits in kind provided in the cases referred to in Article 38, paragraph 1, and in Article 40, paragraph 1, shall be deemed to have been provided at the request of the competent institution.
4. Where the legislation of one Contracting Party explicitly or implicitly provides that previous occupational injuries or diseases shall be taken into account in the assessment of the degree of incapacity, the competent institution of that Party shall also take into account for this purpose occupational injuries or diseases previously recognised in accordance with the legislation of any other Contracting Party, as if they had occurred under the legislation which that institution applies.