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The Workers Compensation Act

C.C.S.M. c. W200

The Workers Compensation Act

1 (1) Definitions
(1.1) Restriction on definition of "accident"
(2) Repealed
(3) Restriction on definition of "worker"
(4) Definition of "casual emergency worker"
(5) Deemed employer
(6) Inclusion in powers and duties
(7) Period of employment
(8) Average earnings
(9) and (10) Repealed
(11) Trade or business for purposes of Act
(12) Deemed date of accident re occupational disease
(12.1) Deemed date of accident in death
(13) Temporary hiring out of employee
PART I
COMPENSATION
2 Application of Part I
2.1 (1) Exclusion of industries, employers or workers
(2) Board to consult industries, employers and workers
3 Repealed
4 (1) Compensation payable out of accident fund
(1.1) Payment on day of accident
(1.2) No deduction from benefits
(1.3) Employer fails to comply
(2) Payment of wage loss benefits
(3) Misconduct of worker
(4) Cause of occupational disease
(5) Presumption
(5.1) Definitions
(5.2) Presumption re cancer — firefighters and OFC personnel
(5.3) Application of presumption re cancer
(5.4) Additional requirement re lung cancer
(5.5) Effective date of presumption re cancer
(5.6) Presumption re heart injury — firefighters and OFC personnel
(5.7) Regulations
(5.8) Presumption re post-traumatic stress disorder
(5.9) Effective date of presumption re post-traumatic stress disorder
(6) Repealed
(7) Extra provincial employment
(8) Agreements with other jurisdictions
(9) Compensation for impairment
(10) to (12) Repealed
5 (1) Accidents outside province
(2) Where worker employed more than six months outside province
(3) Accident while outside province temporarily
(4) Where employer's place of business outside province
(5) Accidents on ships
(6) Assessment of employer of worker outside province
6 (1) Where compensation payable under law of another jurisdiction
(2) Where election not made
(3) Effect of claims under law of another jurisdiction
(4) Exception if injustice would result
7 (1) Compensation in respect of private employment
(2) Apprentices
8 Repealed
9 (1) Right of action against person other than employer
(2) Disposal of moneys recovered
(3) Compromises must be approved by board
(4) Commencement of action tantamount to notice of claim
(5) Where claim vested in board
(6) Repealed
(7) Limitation of right of action
(7.1) Exception of motor vehicle accident
(8) Damages against other employers, workers or directors
(9) Election for minor
(10) Board may file claim for injured worker
9.1 Assignment of right of action in another jurisdiction
10 Where judgment exceeds compensation
11 Principal's duty to see that contractor files statements
12 Board to decide all claims
13 (1) Compensation to be in lieu of other rights
(2) Minor entitled to compensation
14 Contracting out of Act forbidden
15 No deduction from wages by employer, or contribution by workers
16 Offence and administrative penalty
17 (1) Notice of accident
(2) Contents of notice
(3) Notice of occupational disease
(4) Manner of giving notice
(5) Failure to give notice a bar to any claim
18 (1) Employer to report accident
(1.1) Definition of "business day"
(2) Contents of report and filing
(3) Further reports
(4) Offence and administrative penalty
(5) Repealed
18.1 (1) Employer's duty to report worker's return to work
(2) Administrative penalty
19 (1) Application for compensation
(2) Must be filed within one year
(3) Payment of medical aid
(4) Worker's duty to report return to work
(5) Administrative penalty
19.1 (1) Discouraging worker from claiming compensation
(2) No discriminatory action
(3) Onus on employer
(4) Offence and administrative penalty
(5) Meaning of "discriminatory action"
19.2 (1) Board may require notices
(2) Offence and administrative penalty
20 Duty of those providing care to an injured worker
20.1 Medical reports not admissible as evidence
21 (1) Worker to submit to examination
(2) Failure to be examined
22 (1) Worker to co-operate and mitigate
(2) Board may reduce or suspend compensation
23 (1) Wage loss benefits exempt from garnishment order
(2) Repealed
(3) Compensation exempt from garnishment, etc.
24 (1) Review of payments by board
(2) Suspension of payment
(3) Payment of suspended compensation
(3.1) Payments to committee or substitute decision maker
(4) and (5) Repealed
(6) Repealed
25 Repealed
26 Payment of compensation for minor
27 (1) Provision of medical aid
(1.1) Emergency expenditures
(2) Clothing allowance in certain cases
(3) Compensation for repair, loss, breakage
(4) Wage loss resulting from loss or damage
(5) Repealed
(6) Autopsy
(7) Expenses
(8) Medical aid by employers
(9) Repealed
(10) Medical aid to be under supervision of board
(11) Fees for medical aid
(12) Worker's personal physician
(13) Repealed
(14) Account to be filed within 12 months
(15) Repealed
(16) Transportation to hospital and care on journey
(17) to (19) Repealed
(20) Academic, vocational, rehabilitative assistance
27.1 Limit on further claims
27.2 Agreements with Minister of Health
COMPENSATION ON DEATH OF WORKER
28 (1) Compensation to dependants of deceased worker
(2) Compensation and costs payable on death of worker
29 (1) Compensation payable to dependants
(2) and (3) Repealed
(4) Monthly payments reviewed and indexed
(5) Duration of monthly payments
(6) Exception to subsection (5)
(7) Further exception to subsection (5)
(8) Duration of monthly payments to spouse or common-law partner with children
(9) Extension of monthly payments where hardship
(10) Duration of payments to child under (1)(b)
(11) Duration of payments to dependant under clause (1)(e)
(12) Conversion to annuity
29.1 Repealed
30 (1) Former spouse or common-law partner included
(1.1) Former common-law partner
(2) Limit to payment
(3) Apportionment
31 (1) Limit on amount payable to children
(2) Limit on amount payable to dependants
(3) Apportioned payments under clauses (1)(b) to (e)
32 Dependant payment ended and adjusted
32.1 Commutation of payments
33 Academic or vocational assistance
34 Eligibility for two monthly payments
35 Board may require proof respecting dependency
ANNUITIES
36 (1) Where compensation available as annuity
(2) Types of annuity
(3) Financial advice on annuities
(4) Payment on death of annuitant
(5) Disposition of unclaimed annuities
37 Compensation payable
Impairment
38 (1) Determination of impairment
(2) Calculation of impairment award
(3) Repealed
(4) Award calculated as of day of accident
(5) Method of payment
(6) Reconsideration of degree of impairment
(7) Repealed
(8) Re-application under subsection (6)
(9) Where worker dies before determination
Wage Loss Benefits
39 (1) Wage loss benefits for loss of earning capacity
(2) Duration of wage loss benefits
(3) Exception re workers 61 years of age or older
(4) Periodic payment of wage loss benefits
(5) Limit to wage loss benefits payable
(6) Earnings at or below the minimum
(7) Exception
39.1 Repealed
39.2 (1) Payment of wages by employer for first 14 days
(2) Exception
Loss of Earning Capacity
40 (1) Calculation of loss of earning capacity
(2) Monthly payments adjusted and indexed
(3) Calculation of net average earnings
(4) Table of net average earnings
(5) Recurrence of loss of earning capacity
(6) Worker's return to employment
(7) Transfer of costs of wage loss benefits
Collateral Benefits
41 (1) Definition of "collateral benefit"
(2) Earning capacity includes collateral benefit
(3) Non-taxable collateral benefit deducted
(4) Collateral benefit in excess of ceiling
(5) to (7) Repealed
42 (1) Definitions
(2) Board's contribution to annuity
(3) Worker may contribute to annuity
(4) Establishment of annuity for retirement
(5) Repealed
(6) Use of annuity funds
(7) Payment of lump sum instead of annuity
(8) Annuity payment on death of worker
(9) Lump sum converted to annuity
(10) Division of annuity benefits on marriage breakup
43 (1) Group benefit plans and programs
(2) Types of benefit programs
(3) Funding of benefit plan
(4) Voluntary participation in benefit plan
(5) Group life insurance plan
(6) Cost of plan to board
44 (1) Annual adjustment in compensation
(2) Use of rounded figure
(3) Coming into force of regulation
45 (1) Calculation of average earnings
(2) Average earnings includes all employment income
(3) Adjustment of earning capacity
(4) Adjustment of earning capacity based on age
(5) Allocation of additional cost
46 (1) Limitation re maximum annual earnings
(2) Maximum annual earnings set
47 (1) Definition of "industrial average wage"
(2) Annual calculation of ratio
(3) Indexing factor if ratio is 1.06 or less
(4) Cap of 6% on indexing
(5) Ratio may be increased by regulation
(6) Carry forward of excess
PERIODIC ADJUSTMENT OF COMPENSATION
48 (1) Definition of "consumer price index"
(2) Annual calculation of ratio
(3) Annual indexing factor if ratio of 1.06 or less
(4) Cap of 6% on annual indexing
(5) Cap may be increased by regulation
(6) Annual calculation of biennial ratio
(7) Biennial indexing factor if ratio is 1.12 or less
(8) Cap of 12% on biennial indexing
(9) Cap may be increased by regulation
49 (1) Adjustment of monthly allowance re death of worker
(2) Adjustment of prior permanent disabilities
(3) Adjustment of temporary disability compensation, etc.
(4) Adjustment of minimum and maximum
(5) Time of adjustments under subsections (3) and (4)
49.1 Exception re adjustment for person 65 or over
49.2 (1) Deficiency in accident fund
(2) Exception re government guarantee
Obligation to Re-employ
49.3 (1) Obligation to re-employ
(2) Exception
(3) Duration of obligation
(4) Duty to accommodate
(5) Able to perform the essential duties
(6) Able to perform suitable work
(7) Determinations re return to work
(8) Effect of termination
(9) Layoff or termination
(10) Notice of dispute
(11) Resolution of dispute
(12) Mediation
(13) Limitation
(14) Board may determine whether employer fulfills obligation
(15) Failure to comply
(16) Conflict with collective agreement
THE WORKERS COMPENSATION BOARD
50 (1) Board continued
(2) Administration of Act of Canada
(3) Duties under other Acts
(4) Repealed
(5) General powers
BOARD OF DIRECTORS
50.1 Consultation regarding appointments
50.2 (1) Board of Directors
(2) C.E.O. is non-voting member
(3) Term of appointment
(3.1) Staggered terms of appointment
(3.2) Eligible for reappointment
(3.3) After term expires
(4) Remuneration
51 Absence of chairperson
51.1 (1) Functions of Board of Directors
(2) Establishment of committees
(3) Composition of committees
(4) Additional members of the audit and investment committees
(4.1) Additional members of prevention committee
(5) Remuneration for committee members
(6) Functions of the policy and planning committee
(7) Functions of the audit committee
(8) Functions of the investment committee
(9) Functions of the prevention committee
52 to 54 Repealed
54.1 (1) Definitions
(2) Prevention activities
(2.1) Assistance to chief prevention officer
(3) Expenditures
(4) Information
55 (1) Powers of board as to witnesses
(2) Depositions
56 Conflict of interest
57 Board offices
58 (1) Board meetings
(2) Quorum
(3) Vacancy
59 (1) C.E.O. and other employees
(2) Tenure
(3) Superannuation fund for employees
(4) Contribution to civil service superannuation fund of the province
60 (1) General jurisdiction
(2) Particular jurisdiction
(2.1) Deemed worker and employer
(2.2) No jurisdiction over constitutional questions
(2.3) Application
(3) Review by board
(4) Legal precedent
60.1 (1) Initial determination
(2) Reconsideration by board
(3) Procedure for reconsideration
(4) Reasons upon reconsideration
(5) Appeal to appeal commission
60.2 (1) Establishment of appeal commission
(2) Term of office
(2.1) Eligible for reappointment
(3) Ineligible persons
(4) Remuneration of appeal commissioners
(5) Powers after resignation or expiry of term
(6) Authorization continues until final decision made
(7) Remuneration after resignation or expiry of term
60.3 (1) Panels
(2) Reference to panel
(3) Panel has authority of commission
(4) Sittings of commission or panel
(5) Quorum of panel
(6) Reference to new panel
(7) Decision of panel is that of board
60.4 Conflict of interest
60.5 (1) Repealed
(2) C.A.C. may delegate
60.6 Costs of commission
60.7 Practice and procedure
60.8 (1) Jurisdiction of appeal commission
(2) Powers of appeal commission
(3) Further investigation
(4) Representations and new evidence
(5) Decision on appeal
(6) Commission bound by board policies
(7) Repealed
60.9 (1) Powers of Board of Directors
(2) Not a further level of appeal
(3) Board may make policies re review
60.10 (1) Reconsideration by appeal commission
(2) Nature of new evidence required
(3) Finality of decision
(4) No general power of reconsideration
(5) Correction of clerical or typographical errors
60.11 (1) Annual report of appeal commission
(2) Tabling report in Assembly
61 Protection from liability
62 Board and employees not to be witnesses
63 and 64 Repealed
65 Repealed
66 (1) Reports of officers of board
(2) Powers of officers
67 (1) Definitions
(2) Repealed
(3) Reference by board on its discretion
(4) Reference to panel on request of worker
(4.1) Reference to panel on request of employer
(5) Duties of chair
(5.1) Panel may examine, consult
(6) Opinion in writing
(7) Opinion of panel
(8) Dissenting opinion
(9) Composition of medical review panels
(10) Chair of medical review panels
(11) Selection of other members of medical review panel
(12) Failure of parties to select
(12.1) Ineligible physicians
(12.2) Board to select in certain cases
(13) Provision of lists by College of Physicians and Surgeons
(14) Repealed
(15) Repealed
(16) Remuneration for members of panel
(17) Procedures
(18) Repealed
68 (1) Regulations of Board of Directors
(2) Approval of L.G.C. for benefit program regulation
(2.1) Disallowance of regulation by L.G.C.
(2.2) Coming into force of regulation
(2.3) Statutes and Regulations Act does not apply
(3) Offence and administrative penalty
(4) Board to determine right of action
68.1 Certified document is evidence
69 (1) Audit of accounts
(2) Special audits
(3) Program audit
70 Annual report by board
71 Report to be laid before Assembly
71.1 Operating plan of board
71.2 Plan to be laid before Assembly
71.3 Reports to be referred to committee
CONTRIBUTION BY THE PROVINCE
72 Provincial assistance to defray expenses
ACCIDENT FUND
73 (1) Accident fund continued
(2) Assessment classes established
74 (1) Optional coverage for firms in excluded industries
(2) Repealed
(3) Optional coverage for employers and directors
(4) Compensation to employer, director of corporation
75 (1) Optional coverage for independent contractor
(2) Independent contractor as employee of employer
(3) Meaning of "independent contractor"
75.1 (1) Non-profit or charitable organization and volunteers admitted
(2) Volunteers deemed to be workers
(3) Average earnings
(4) Automatic indexation
76 (1) Application to Crown employees
(2) Workers of agencies of the government
(3) Workers of agency of government before July 11, 1972
(4) Workers of government agency dealt with separately
(5) Meaning of "agency of the government"
76.1 (1) Schedule of provincially funded industries
(2) Transfer or creation of class
76.2 (1) Schedule of self-insured employers
(2) Withdrawal from schedule
(3) Individual liability
(4) Levy for added compensation for past accidents
76.3 (1) Authority to defer collection of funds
(2) Board may defer collection from self-insurers
(3) Board may require deposit for compensation
76.4 Deferred funds are receivables
76.5 Guarantee by the Government of Manitoba
76.6 Determination of amount payable
76.7 Added sum for funds
77 (1) Determining persons as workers
(1.1) Regulation may be retroactive
(2) Method of describing class
(3) Average earnings of declared worker
(3.1) Calculation where death or long-term loss
(3.2) Automatic indexation
(4) Rights under this Act in lieu of other rights
77.1 (1) Person in work experience program declared worker
(2) Method of describing class
(3) Average earnings
(4) Automatic indexation
(5) Deemed employer
(6) Period of employment
(7) Determining record and experience of deemed employer
78 (1) Regulations affecting classes of industries
(2) Adjustment of funds
79 Assignment of industry to class, group
79.1 Terms and conditions on exclusion
80 (1) Payroll estimates and certified copies
(2) Record of wages
(3) Nature of work
(4) Basis of estimated payroll
(4.1) Insurable earnings for payroll
(5) Offence
(6) Board may estimate assessment
(6.1) Interest on under-assessment
(6.2) Interest on over-assessment
(7) Continuing liability of employer
(8) Information furnished by municipal officers
(9) Remuneration
(10) Notice of building permits granted
80.1 (1) Waiver of requirement to furnish estimate of payroll
(2) Certain parts of Act do not apply
(3) Assessments based upon actual payroll
(4) Time for payment
(5) Liability for interest
(6) Revocation of waiver
81 (1) Annual assessment for accident fund
(1.1) Deferred collection of future payments
(2) Transfer from stabilization fund
(2.1) Reinsurance against disaster
(3) How assessment to be made
(4) Collection of assessments
(5) Deficiency in assessments
(6) Notice to employer of assessment due
(7) Giving of notice
(7.1) Giving notice of assessment to employers
(7.2) Board may revise assessment on notice
(7.3) Basis of employer's payment of assessments
(8) Levies for increases in compensation
(9) Minimum assessment
81.1 (1) Definition
(2) Certificate required on disposition of business enterprise
(3) Delivery of certificate to purchaser
(4) Effect on purchaser of no certificate
82 (1) Rates for kinds of employment in same class
(2) Reduced assessments and refunds
(3) Increased and additional assessments
(4) Determination of experience
(5) Transfer of cost to other class where negligence
(6) Assessment reduction
(7) Assessment surcharge
(8) Finality of assessments
83 (1) Security by employer in certain cases
(2) Judge may restrain employer where no payment
84 Assessment respecting grant
84.1 (1) Grant to government for expenses
(2) Annual increase in grant
85 (1) Collection of assessments by board
(2) Certificate of default filed in court
85.1 Prohibition from carrying on business
85.2 (1) Liability of directors for money owing
(2) Contribution by other directors
86 (1) Penalty for failure to make returns
(2) Penalty for failure to pay assessment
(3) Relief from penalties
(4) Repealed
87 Separate accounts for each class or fund
88 (1) Annual adjustment of assessment
(2) Change in ownership of undertaking
89 (1) Work done for municipal corporation under contract
(2) Right of principal as against contractor
(3) Contractor as principal
90 (1) Liability of contractor and principal
(2) Liability of sub-contractor and contractor
91 Repealed
92 Repealed
93 Repealed
94 (1) Accounting system and inspection
(2) Investment of excess funds
(3) to (5) Repealed
95 Repealed
96 Advance out of Consolidated Fund
97 (1) Authority for temporary borrowing
(2) Guarantee
(3) Minister of Finance's approval
97.1 (1) Research and safety programs
(2) Allocation of cost
98 (1) Returns from industry commenced after prescribed date
(2) Offence and administrative penalty
99 (1) Definition of "employer"
(2) Authority for examination and inquiry
(3) Notice to employer
100 (1) Right of entry
(2) Removal of document or thing
(3) Application to court
(4) Offence
101 (1) Information obtained not to be divulged
(1.1) Information for reconsideration, appeal
(1.2) Employer's access to information
(1.3) Application of subsections 101(1.1) and (1.2)
(1.4) Notice of request for access
(1.5) Review of decision by C.A.C.
(1.6) Board may charge fee for copy
(1.7) Copy of documents without charge
(2) Access to files
(3) Files to remain on board premises
(4) Individuals not be named
(5) Secrecy to be maintained
(6) Powers of committee
(7) Offence
102 Repealed
103 Repealed
104 (1) Definition of "security interest"
(2) Board's charge on employer's property
(3) Priority of board's charge
(4) Exception for inventory
104.1 (1) Registration of statement in L.T.O.
(2) Effect of registration
105 Allocation of cost of occupational disease
106 Repealed
107 Repealed
108 (1) Appointment of worker adviser and staff
(2) Duties of worker advisers
(3) Repealed
(4) Access to information
108.1 (1) Appointment of Fair Practices Advocate
(2) Report to the Board of Directors
(3) Fair Practices Advocate may investigate and recommend
109 Enlargement of time limited for applications
109.1 (1) Offence
(2) to (5) Repealed
109.2 Recovery of overpayments
109.3 Right of set off
109.4 Commutation of past pensions
109.5 (1) Board may delegate to agent
(2) Nature of delegation
(3) Agent's access to information
(4) Request for reconsideration by board
(5) Expenses paid from accident fund
109.6 (1) Fines for offences
(2) Offence under subsection 109.1(1)
(3) Offence by corporation
(4) Continuing offence
(5) Restitution
(6) Order filed in court
(7) Limitation on prosecution
(8) Rights not affected by prosecution
(9) Certificate as proof
109.7 (1) Administrative penalty
(1.1) Notice of administrative penalty
(1.2) Serving the notice
(1.3) Appeal to the appeal commission
(1.4) Notice of hearing
(1.5) Decision of appeal commission
(2) No offence to be charged if penalty paid
(3) Relief from penalty
(4) Enforcement of penalty
(5) Public disclosure of administrative penalties
109.8 Service or filing of documents with the board
PART II
GENERAL
110 Application of sections 111 to 113
111 (1) Liability of employer
(2) Liability of person supplying defective ways, work
(3) Saving
(4) Continuing in employment with knowledge of defect
112 Common law rules superseded
113 Contributory negligence
114 Repealed
115 (1) Review of this Act
(2) Review committee
(3) Report to minister
116 Conflict with The Freedom of Information and Protection of Privacy Act
SCHEDULE