The Workers Compensation Act

R.S.M. 1987, c. W200

The Workers Compensation Act

Table of Contents

1 Definitions.
(2) Employer of municipal volunteer fire brigade or ambulance service.
(3) Restriction on definition of "worker".
(4) "Member of a municipal volunteer fire brigade", defined.
(5) "Member of a municipal or community voluntary ambulance service" defined.
(6) Average earnings of fire fighters.
(7) Period of employment of member of volunteer fire brigade.
(8) Period of employment of member of ambulance service.
(9) Period of employment of fire fighter.
(10) Person assisting in fighting fire.
(11) Trade or business for purposes of Act.
(12) Date of accident in case of disease.
PART I
COMPENSATION
2 Application of Part I.
3 Application of Part I to farm labourers, etc.
4 Compensation payable out of accident fund.
(2) Limitation on compensation payable.
(3) Misconduct
(4) Proportional compensation in certain cases.
(5) Presumption.
(6) Casual employment.
(7) Extra provincial employment.
(8) Inter-provincial agreements.
(9) Permanent disability.
(10) When compensation for hernia payable.
(11) Compensation where operation recommended.
(12) Claim respecting strangulated or aggravated hernia.
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, etc.
(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.
7 Compensation in respect of private employment.
(2) Apprentices.
8 Non-resident when entitled to compensation.
(2) Award by board.
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) Right of action by government.
(7) Limitation of right of action.
(8) Damages against other employers or workers.
(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 No action for compensation.
13 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 Penalty.
17 Notice of accident
(2) Contents of notice.
(3) Notice of industrial disease.
(4) Manner of giving notice.
(5) Failure to give notice a bar to any claim.
18 Employer to report accident.
(2) Contents of report and mailing.
(3) Further reports.
(4) Penalty.
(5) Relief from penalty.
19 Application for compensation.
(2) Must be filed within one year.
(3) Payment of medical aid.
20 Duty of attending physician.
21 Worker must submit to medical examination.
(2) Failure to be examined.
22 Practices delaying worker's recovery.
23 Compensation moneys exempt from attachment.
24 Review of payments by board.
(2) Suspension of payment.
(3) Payment of suspended compensation.
(4) Suspension for common-law relationship.
(5) Lump sum payment
(6) Compensation may be diverted.
25 Basis of compensation to minor.
26 Payments to be made periodically.
(2) Lump sum payments.
27 Treatment in addition to compensation.
(2) Clothing allowance in certain cases.
(3) Compensation for broken artificial limbs.
(4) Repair of denture.
(5) Compensation for clothing.
(6) Autopsy.
(7) Expenses.
(8) Medical aid by employers.
(9) Group medical aid.
(10) Medical aid to be under supervision of board.
(11) Limitation on medical charges.
(12) Worker's personal physician.
(13) First aid appliances.
(14) Physician's account to be filed within twelve months.
(15) Vocational training.
(16) Transportation to hospital.
(17) Care on journey.
(18) Treatment by chiropractor or osteopath.
(19) Treatment to be subject to the board.
(20) Measures for rehabilitation.
28 Death before 1974.
(2) Maximum and minimum payments.
(3) Duration of payments to children.
(4) Compensation for invalid child.
(5) Duration of certain payments.
(6) Delay of assessment for compensation under clause (1)(e).
29 Where deceased worker survived by spouse.
(2) Where no surviving spouse.
30 Compensation for funeral expenses.
(2) Payment of expenses.
31 Payments to foster parent.
32 Payment to spouse or estate.
33 Compensation to common-law spouse.
(2) Reduced eligibility period.
(3) Termination of compensation.
34 Cessation of payment to one of several dependants.
35 Marriage of surviving spouse.
(2) Compensation for dependent children.
(3) Death of surviving spouse.
(4) Where surviving spouse not maintaining other dependants.
(5) Diverting payments for dependent children.
36 Proof of condition of dependants.
37 Compensation for permanent total disability.
38 Compensation for permanent total disability before July, 1985.
39 Increase in allowance for accidents before 1983.
40 Compensation for permanent partial disability.
(2) Special additional compensation.
(3) Compensation for disfigurement.
(4) Lump sum settlement.
(5) Minimum compensation for permanent partial disability.
41 Permanent partial disability before July 1, 1985.
42 Compensation for pre-existing conditions.
(2) Definition of "pre-existing or underlying condition".
(3) Where accident occurred before July 11, 1972.
43 Temporary total disability compensation.
(2) Temporary total disability before July 1, 1985.
(3) Reduction in compensation in certain cases.
44 Compensation for temporary partial disability.
(2) Compensation where earning rate reduced.
45 Calculation of average earnings and earning capacity of worker.
46 Yearly review of maximum average earnings.
47 Total compensation payable.
(2) Apportionment of benefits.
48 Pension, gratuity may be deducted.
49 Computation of benefits in case of recurrence of injury.
(2) Different classes.
(3) Current scale.
THE WORKERS COMPENSATION BOARD
50 Board a body corporate.
(2) Administration of Act of Canada.
(3) Duties under other Acts.
(4) Agreements with other jurisdictions.
51 Absence of chairman.
(2) Acting commissioner.
52 Chairman's term of office.
53 Chairman to devote his full time.
(2) Commissioners to devote time.
54 Remuneration.
55 Powers of board as to witnesses.
(2) Depositions.
56 Members of board to have no interest in industry under Part I.
(2) If any, must dispose thereof in three months.
57 Board offices.
58 Sittings of board.
(2) Quorum.
59 Officers, clerks.
(2) Tenure.
(3) Superannuation fund for employees.
(4) Contribution to civil service superannuation fund of the province.
60 General jurisdiction.
(2) Particular jurisdiction.
(3) Review by board.
(4) Legal precedent.
61 No action for damages against the board.
62 Members and employees not compellable witnesses.
63 Medical reports privileged.
(2) Disclosure of complete file.
(3) Reports not admissible.
64 Access of claimants to medical reports.
(2) Reports before Sept 15, 1983.
(3) Application where consent not available.
(4) Access to medical reports in file.
65 Compensation for costs.
66 Reports of officers of board.
(2) Powers of officers.
67 Definition of "panel".
(2) Section not to apply to silicosis.
(3) Reference by board on its discretion.
(4) Reference to panel on request.
(5) Discussions with physicians.
(6) Opinion in writing.
(7) Opinion of panel.
(8) Dissenting opinion.
(9) Composition of medical review panels.
(10) Chairman of medical review panels.
(11) Selection of other members of medical review panel.
(12) Failure of parties to select.
(13) Provision of lists by M.M.A.
(14) Physician to assist claimants.
(15) Establishment of a neurosis panel.
(16) Remuneration for members of panel.
(17) Procedures.
(18) Opinion of neurosis review panel.
68 Regulations of the board.
(2) Approval of regulations.
(3) Penalty.
(4) Authority of board to determine right of action.
69 Audit of accounts.
(2) Special audits.
70 Annual report by board.
71 Report to be laid before assembly.
CONTRIBUTION BY THE PROVINCE
72 Provincial assistance to defray expenses.
ACCIDENT FUND
73 Assessment upon classes of industries.
74 Admission within scope of Part I.
(2) Admission of apartment block and office building employees.
(3) Employer may be admitted to compensation.
(4) Compensation to employer.
75 Application to independent contractor.
(2) Independent contractor as employee of employer.
(3) Meaning of independent contractor.
76 Application to Crown employees.
(2) Workmen of agencies of the government.
(3) Workmen of certain agencies formerly covered.
(4) Workers of agencies dealt with separately.
(5) Meaning of "agency of the government".
77 Determining persons as workers.
(2) Method of describing class.
(3) Income in case of disability or death.
(4) Rights under subsec. (3) in lieu of other rights.
78 Regulations affecting classes of industries.
(2) Adjustment of funds.
79 Board to assign industry to proper class.
80 Employer to make estimate of payroll for year ensuing.
(2) Record of wages.
(3) Nature of work.
(4) Basis of estimated payroll.
(5) Penalty.
(6) Assessment where employer fails to make statement.
(7) Continuing liability of employer.
(8) Information furnished by municipal officers.
(9) Remuneration.
(10) Notice of building permits granted.
81 Annual assessment for accident fund.
(2) Transfer from equalization fund.
(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.
(8) Levies for increases in compensation.
82 Allocation of rates to kinds of employment in the same class.
(2) Reduced assessments and refunds.
(3) Increased and additional assessments.
83 Security by employer in industry, carried on temporarily.
(2) Penalty.
84 Costs incurred for special classes.
85 Collection of assessments by board.
(2) Certificate of default filed in court.
86 Penalty for failure to make returns.
(2) Penalty for failure to pay assessments.
(3) Relief from penalties.
(4) Orders may become judgments of court
87 Separate accounts for each class or fund.
88 Annual adjustment of assessment.
(2) Change in ownership of industry.
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 Withdrawing small industries from classes.
(2) Employers in industries withdrawn may elect to become members of class.
(3) Notice of election.
(4) Application of Part on notice.
92 Additional industries added.
(2) Exclusion of industries.
93 Bringing industries under Act.
94 Minister of Finance the custodian of all moneys.
(2) Deposit of funds.
(3) Expenditures.
(4) Custody of securities.
(5) Monthly statement to Provincial Auditor.
(6) Accounting.
(7) Investment of accident fund.
(8) Payment to board of moneys for investment.
(9) Accounting.
(10) Power to sell investments.
(11) Interest on investments.
(12) Interest on moneys in hands of Minister of Finance.
(13) Purchase and sale of real estate and erection of buildings.
(14) Title to real property.
(15) Expenditures charged to, and repayments credited to, accident fund.
(16) Principal and interest part of administration expenses.
(17) Real property and buildings an investment.
95 Continuation of investment committee.
(2) Membership.
(3) Duties of Assistant Deputy Minister of Finance.
(4) Duties of investment committee.
96 Advance out of Consolidated Fund.
97 Authority for temporary borrowing.
(2) Guarantee.
(3) Minister of Finance's approval.
98 Returns from industry commenced after prescribed date.
(2) Penalty.
99 Examination of books of employer.
(2) Notice to employer to produce books, etc.
(3) Penalty.
(4) Oaths, etc., who may administer.
100 Right of entry to establishment of employer.
(2) Penalty.
101 Information obtained not to be divulged.
(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) Penalty.
102 Penalties recoverable summarily.
103 Builders' lien.
104 Priority of assessments over other debts.
INDUSTRIAL DISEASES
105 Definition of "silicosis".
(2) Time of employment and compensation.
(3) Exception.
(4) Further exception.
(5) Limitation in filing claim.
(6) Board of medical examiners authorized.
(7) Employees to comply with Act.
(8) Time limit on silicosis claims.
(9) Residence qualifications and exposure.
(10) Board may make agreements.
(11) Exceptions to subsections (5) and(9).
106 Compensation to workers affected by interprovincial boundary.
107 Workers suffering from recurring occupational skin lesions deemed unfit
(2) Limitation on further claims.
108 Appointment of worker adviser and staff.
(2) Duties of worker advisers.
(3) Costs related to worker advisers.
109 Enlargement of time limited for applications.
PART II
GENERAL
110 Application of sections 111 and 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 Authority to assume liabilities of insurers under previous Act.
115 Advisory committee.
SCHEDULE
(Section 73)