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S.M. 1999, c. 6
THE SPECIAL PAYMENT TO CERTAIN DEPENDENT SPOUSES OF DECEASED WORKERS ACT
(Assented to June 29, 1999)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"accident fund" has the same meaning as in The Workers Compensation Act; (« Caisse des accidents »)
"board" means The Workers Compensation Board continued under subsection 50(1) of The Workers Compensation Act; (« Commission »)
"special payment" means money paid to a person under section 2. (« paiement spécial »)
Notwithstanding anything in The Workers Compensation Act, the board shall make one lump sum special payment of $83,000. out of the accident fund to each person who
(a) applies to the board for the special payment in a form acceptable to the board;
(b) provides proof satisfactory to the board that he or she is eligible under sections 3 and 4; and
(c) provides the board with a release in a form acceptable to the board.
No interest on special payment
No interest is payable on a special payment.
Eligibility for special payment
Subject to section 4, a person is eligible for a special payment if
(a) before July 1, 1985, the person received compensation under The Workers Compensation Act as a dependent spouse or common law spouse of a deceased worker;
(b) before July 1, 1985, the person remarried or entered into a common law relationship;
(c) the board terminated the person's compensation because of the remarriage or common law relationship referred to in clause (b);
(d) the person is alive on May 31, 1999; and
(e) the person applies under section 2 not later than May 31, 2001.
Discontinuance of pending proceeding
Where a person who is otherwise eligible to receive a special payment has commenced a proceeding or complaint with respect to the termination of his or her compensation, the person is not eligible for a special payment unless he or she discontinues that proceeding or complaint.
Special payment set off against judgment
Where a person who is eligible to receive a special payment has obtained a judgment or decision with respect to the termination of compensation, the special payment shall be reduced by the amount of money the person received under the judgment or decision, exclusive of costs.
Special payment in lieu of other rights
The right to a special payment provided by this Act is in lieu of all rights, including rights of action, statutory or otherwise, to which a person may be entitled by reason of the termination of his or her compensation, and no action lies for recovery of a special payment in any court of law or equity, or before any administrative tribunal.
An application for a special payment shall be heard and determined by the board.
Application of The Workers Compensation Act
The Workers Compensation Act applies to this Act with necessary modifications.
The minister appointed by the Lieutenant Governor in Council to administer this Act may make regulations respecting any matter that he or she considers necessary or advisable to carry out the intent of this Act.
This Act comes into force on the day it receives royal assent.