The Workers Compensation Act

C.C.S.M. c. W200

The Workers Compensation Act

Table of Contents

1 Definitions
(1.1) Restricted meaning of "accident"
(2) [Repealed]
(3) Restricted meaning of "worker"
(4) Definition of "casual emergency worker"
(5) Deemed employer
(6) Inclusion in powers and duties
(7) Period of employment
(8) Average earnings
(11) Trade or business for purposes of Act
(12) Deemed date of accident re occupational disease
(12.1) [Repealed]
(13) Temporary hiring out of employee
PART I
COMPENSATION
2 Application of Part I
2.1 Exclusion of industries, employers or workers
(2) Board to consult industries, employers and workers
3 [Repealed]
4 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
(4.1) Presumption re prescribed occupational disease
(5) Presumptions — accident arising out of employment
(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(5.9) [Repealed]
(6) [Repealed]
(7) Extra provincial employment
(8) Agreements with other jurisdictions
(9) Compensation for impairment
(10) to (12) [Repealed]
5 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 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 Compensation in respect of private employment
(2) Apprentices
8 [Repealed]
9 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(6) [Repealed]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
10 Where judgment exceeds compensation
11 Principal's duty to see that contractor files statements
12 Board to decide all claims
13 Compensation to be in lieu of other rights
(2) Minor entitled to compensation
14 No waiver or contracting out
15 No deduction from wages or contribution by worker
16 Offence and obligation to repay workers
17 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 Employer to report accident
(1.1) Definition of "business day"
(2) Contents of report and filing
(3) Further reports
(4) Offence
(5) [Repealed]
18.1 Employer's duty to report worker's return to work
(2) [Repealed]
19 Application for compensation
(2) Application must be filed within one year
(3) Payment of medical aid
(4) Worker's duty to report return to work
(5) Offence
19.1 Discouraging worker from claiming compensation
(2) No discriminatory action
(3) Onus on employer
(4) Offence
19.2 Board may require notices
(2) Offence
20 Duty of those providing care to an injured worker
20.1 Medical reports not admissible as evidence
21 Worker to submit to examination
(2) Failure to be examined
22 Worker to co-operate and mitigate
(2) Board may reduce or suspend compensation
23 Wage loss benefits exempt from garnishment order
(2) [Repealed]
(3) Compensation exempt from garnishment, etc.
24 Review of payments by board
(2) Suspension of payments to imprisoned worker
(3) Payment of suspended compensation
(4) and (5) [Repealed]
(6) [Repealed]
(7) Board may determine how to pay compensation
(8) Payments to committee or substitute decision maker
25 [Repealed]
26 Payment of compensation for minor
MEDICAL AID
27.1 Limit on further claims
27.2 Agreements with Minister of Health
COMPENSATION ON DEATH OF WORKER
28 Compensation in respect of deceased worker
(2) Compensation and costs payable on death of worker
29 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 Former spouse or common-law partner included
(1.1) Former common-law partner
(2) Limit to payment
(3) Apportionment
31 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 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
38 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
39 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 Payment of wages by employer for first 14 days
(2) Exception
40 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
41 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 Definitions
(2) Board's contribution 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
(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
(2) Use of rounded figure
(3) [Repealed]
45 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
47 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 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 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 Deficiency in accident fund
(2) Exception re government guarantee
49.3 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 Board continued
(2) Administration of Act of Canada
(3) Duties under other Acts
(4) [Repealed]
(5) General powers
(6) Not a reporting organization under Financial Administration Act
BOARD OF DIRECTORS
50.1 [Repealed]
50.2 Board of Directors
(2) CEO is ex officio member of Board of Directors
(3) Review of nominee qualifications
(4) Minimum number of nominees
(5) Qualifications and criteria for board membership
(6) Term and eligibility for re-appointment
(7) After term expires
(8) Removal of director
(9) Remuneration
51 Absence of chair
51.1 Functions of the board
51.2 Establishment of committees
52 to 54 [Repealed]
54.1 Definitions
(2) Prevention activities
(2.1) [Repealed]
(3) Expenditures
(4) Information
54.2 Prevention advisory council
55 Powers of board as to witnesses
(2) Depositions
56 Conflict of interest
57 Board offices
58 Board meetings
(2) Quorum
(3) Vacancy
59 C.E.O. and other employees
(2) Tenure
(3) Superannuation fund for employees
(3.1) Board is plan administrator of superannuation fund
(4) Contribution to civil service superannuation fund of the province
60 General jurisdiction
(2) Particular jurisdiction
(2.1) Deemed worker and employer
(2.2) and (2.3) [Repealed]
(3) Review by board
(4) Board decisions
(5) Board to determine right of action
60.1 Initial determination
(3) Procedure for reconsideration
(4) Reasons upon reconsideration
(5) Appeal to appeal commission
60.2 Establishment of appeal commission
(1.1) Consultation re appointments of commissioners
(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 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 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]
(2) Not a further level of appeal
(3) Board may make policies re review
60.10 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 Annual report of appeal commission
(2) Tabling report in Assembly
61 Protection from liability
63 and 64 [Repealed]
65 [Repealed]
66 Reports of officers of board
(2) Powers of officers
67 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) [Repealed]
(2) Consultation for benefit program regulation
(2.1) and (2.2) [Repealed]
68.1 Certified document is evidence
69 Annual audit
(2) Special audit or investigation
(3) Program audit
71 [Repealed]
71.1 [Repealed]
71.2 [Repealed]
71.3 [Repealed]
72 [Repealed]
ACCIDENT FUND
73 Accident fund continued
(2) Assessment classes established
74 Optional coverage for firms in excluded industries
(2) [Repealed]
(3) Optional coverage for employers and directors
(4) Compensation to employer, director of corporation
75 Optional coverage for independent contractor
(2) Independent contractor as employee of employer
(3) Meaning of "independent contractor"
75.1 Non-profit or charitable organization and volunteers admitted
(2) Volunteers deemed to be workers
(3) Average earnings
(4) Automatic indexation
76 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 [Repealed]
76.2 Schedule of self-insured employers
(2) Withdrawal from schedule
(3) Individual liability
(4) Levy for added compensation for past accidents
76.3 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 Government guarantee
76.6 Determination of amount payable
76.7 Added sum for funds
77 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 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 Regulations affecting classes of industries
(2) Adjustment of funds
79 Assignment of industry to class, group
(2) Re-assignment of industry to class, group
79.1 Terms and conditions on exclusion
(2) Record of wages
(3) Nature of work
(4) Basis of estimated payroll
(4.1) Insurable earnings from 1992 to 2005
(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 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 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
(7.3) Basis of employer's payment of assessments
(8) Levies for increases in compensation
82 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 Security by employer in certain cases
(2) Judge may restrain employer where no payment
84 Assessment respecting grant
84.1 Grant to government for expenses
(2) Annual increase in grant
85 Collection of assessments by board
(2) Certificate of default filed in court
85.1 Prohibition from carrying on business
85.2 Liability of directors for money owing
(2) Contribution by other directors
87 Separate accounts for each class or fund
88 Annual adjustment of assessment
(2) Change in ownership of undertaking
89 Work done for municipal corporation under contract
(2) Right of principal as against contractor
(3) Contractor as principal
90 Liability of contractor and principal
(2) Liability of sub-contractor and contractor
91 [Repealed]
92 [Repealed]
93 [Repealed]
94 (1) [Repealed]
(2) Investment of excess funds
(3) to (5) [Repealed]
95 [Repealed]
96 [Repealed]
97 [Repealed]
97.1 Research and safety programs
(2) Allocation of cost
98 Returns from industry commenced after prescribed date
(2) Offence
INSPECTIONS
101 Information obtained not to be divulged
(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]
LIEN FOR AMOUNTS OWING TO BOARD
105 Allocation of cost of occupational disease
106 [Repealed]
107 [Repealed]
(2) Role of worker adviser
(3) [Repealed]
(4) Access to information
108.1 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 Offence
(2) to (5) [Repealed]
109.2 Recovery of overpayments
109.3 Right of set off
109.4 Commutation of past pensions
109.5 Board may delegate to agent
(3) Agent's access to information
(4) Request for reconsideration by board
(5) Expenses paid from accident fund
109.6 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
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 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 Review of this Act
(3) Report to minister and board
REGULATIONS
SCHEDULE