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The Workers Compensation Amendment Act (Presumption re Post-Traumatic Stress Disorder and Other Amendments)

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S.M. 2015, c. 13

Bill 35, 4th Session, 40th Legislature

The Workers Compensation Amendment Act (Presumption re Post-Traumatic Stress Disorder and Other Amendments)

(Assented to June 30, 2015)

WHEREAS workers in any occupation or workplace could face a traumatic event or series of events that can cause post-traumatic stress disorder ("PTSD");

AND WHEREAS the government recognizes the leadership of several professions and their labour representatives for advocating for legislation that identifies PTSD as an occupational disease for presumptive workers compensation coverage, including nurses, firefighters, first responders and other front line workers;

AND WHEREAS if the event or events that cause PTSD occur in the workplace, PTSD should be presumed to be an occupational disease to better support affected workers by simplifying the claims adjudication process for workers compensation benefits;

AND WHEREAS the government is committed to continuing to strengthen workplace health and safety and to protect workers and their families;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. W200 amended

1           The Workers Compensation Act is amended by this Act.

2           Subsection 1(1) is amended

(a) in the definition "occupational disease", by striking out "or" at the end of clause (a), adding "or" at the end of clause (b) and adding the following after clause (b):

(b.1) that trigger post-traumatic stress disorder;

(b) by adding the following definitions:

"Diagnostic and Statistical Manual of Mental Disorders" means the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; (« Manuel diagnostique et statistique des troubles mentaux »)

"post-traumatic stress disorder" means Posttraumatic Stress Disorder as that condition is described in the Diagnostic and Statistical Manual of Mental Disorders; (« trouble de stress post-traumatique »)

"psychologist" means an individual registered as a psychologist under The Psychologists Registration Act or under equivalent legislation in another jurisdiction in Canada; (« psychologue »)

3           The following is added after subsection 4(5.7):

Presumption re post-traumatic stress disorder

4(5.8)      If a worker

(a) is exposed to a traumatic event or events of a type specified in the Diagnostic and Statistical Manual of Mental Disorders as a trigger for post-traumatic stress disorder; and

(b) is diagnosed with post-traumatic stress disorder by a physician or psychologist;

the post-traumatic stress disorder must be presumed to be an occupational disease the dominant cause of which is the employment, unless the contrary is proven.

Effective date of presumption re post-traumatic stress disorder

4(5.9)      The presumption in subsection (5.8) applies to a worker who is diagnosed with post-traumatic stress disorder on or after the day that subsection comes into force.

4           Section 19.2 is amended by renumbering it as subsection 19.2(1) and adding the following as subsection 19.2(2):

Offence and administrative penalty

19.2(2)     A person who contravenes this section commits an offence and is subject to an administrative penalty under subsection 109.7(1).

5           Subsection 60.11(1) is amended by striking out "March 31" and substituting "April 30".

6           Section 70 is amended by striking out "March 31" and substituting "April 30".

7           Section 71.1 is amended by striking out "March 31" and substituting "April 30".

8           Subsection 109.7(1) is amended by adding the following after clause (h):

(h.1) section 19.2 (requirement to post notices);

Coming into force

9           This Act comes into force on a day to be fixed by proclamation.