2nd Session, 43rd Legislature
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Bill 24
THE WORKERS COMPENSATION AMENDMENT ACT
| Bilingual version (PDF) | Explanatory Note |
(Assented to )
HIS 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 30(1) is amended, in the part before clause (a), by striking out "clause 29(1)(a) and this section" and substituting "clause 29(1)(a), this section and section 30.1".
3 The following is added after section 30:
Lump sum payment where no spouse or common-law partner
30.1 If, on or after the day this section comes into force, an accident results in the death of a worker who has no spouse or common-law partner entitled to compensation under subclause 29(1)(a)(i), an amount equal to the lump sum that would have been payable under that subclause shall instead be paid to the estate of the worker or to such person as the board may determine.
4 The following is added after subsection 60(4):
Benefit of doubt — worker or dependant
60(4.1) When making a decision on an issue that affects a worker's or dependant's claim for compensation under this Part, if the board is of the opinion that the evidence supporting each side of the issue is evenly balanced, the board must resolve the issue in favour of the worker or dependant.
Benefit of doubt — employer
60(4.2) When making a decision on an issue that affects an employer's assessment under this Part, if the board is of the opinion that the evidence supporting each side of the issue is evenly balanced, the board must resolve the issue in favour of the employer.
Benefit of doubt — conflict
60(4.3) In the event of a conflict between subsections (4.1) and (4.2), subsection (4.1) prevails.
5 Subsection 60.11(1) is replaced with the following:
Annual report of appeal commission
60.11(1) Not later than May 31 of each year, the appeal commission must provide to the minister its annual report for the immediately preceding year generally describing the performance of its duties under this Act.
Coming into force
6 This Act comes into force on the day it receives royal assent.
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Explanatory Note The Workers Compensation Act is amended as follows. If a worker who dies as a result of a workplace injury does not have a current or former spouse or common-law partner, the lump sum that would have been paid to such a spouse is instead paid to the worker's estate or to another person determined by the Workers Compensation Board. If the evidence is evenly balanced in a proceeding before the board, the board must give the benefit of the doubt to a worker or dependant when deciding an issue affecting their claim for compensation; and an employer when deciding an issue affecting their assessment. The deadline for the appeal commission to submit its annual report to the minister is extended from April 30 to May 31. |