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S.M. 2005, c. 21
Bill 5, 3rd Session, 38th Legislature
The Manitoba Public Insurance Corporation Amendment Act (Injury Compensation Appeal Commission)
(Assented to June 16, 2005)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Manitoba Public Insurance Corporation Act is amended by this Act.
2(1) Section 174 is amended
(a) by renumbering it as subsection 174(1); and
2(2) The following is added as subsection 174(2):
174(2) An appeal of a review decision must be made in writing and must include the claimant's mailing address.
3 Sections 178 and 179 are replaced with the following:
178(1) An appeal may be heard by a single commissioner or by a panel of three commissioners.
178(2) The chief commissioner is responsible for assigning commissioners to hear appeals. When assigning a panel of commissioners, the chief commissioner must designate one of them as the chairperson.
179(1) A hearing must not proceed unless the commissioner or commissioners assigned to hear it are present.
179(2) For an appeal heard by a panel, the decision of the majority of the panel is the decision of the commission. If there is not a majority, the decision of the chairperson of the panel is the decision of the commission.
4 The following is added after section 184:
184.1(1) Under sections 182 and 184, a notice of a hearing, a copy of a decision or a copy of the reasons for a decision must be given to an appellant
(a) personally; or
(b) by sending the notice, decision or reasons by regular lettermail to the address provided by him or her under subsection 174(2), or if he or she has provided another address in writing to the commission, to that other address.
184.1(2) A notice, a copy of a decision or a copy of reasons sent by regular lettermail under clause (1)(b) is deemed to be received on the fifth day after the day of mailing, unless the person to whom it is sent establishes that, acting in good faith, he or she did not receive it, or did not receive it until a later date, because of absence, accident, illness or other cause beyond that person's control.
5 This Act comes into force on the day it receives royal assent.