Bill 41 — Second Session, 18Th Legislature, 25 Elizabeth Ii the Legislative Assembly of Alberta Bill 41 the Workers' Compensation Amendment Act, 1976 (Legislature 18, Session 2)

L18 S2 5613

Alberta — Bills

1976 Bill 41 Second Session, 18th Legislature, 25 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 41 THE WORKERS' COMPENSATION AMENDMENT ACT, 1976 THE MINISTER OF: LABOUR First Reading ............................. . Second Reading ............................ . Third Reading ............................. . Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 41 BILL 41 1976 THE WORKERS' COMPENSl;\TlON AMENDMENT ACT, 1976 (Assented to , 1976) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The W01'kers' C01npensation Act is he'reby amended.

Section 15 is struck out and the following

section is substituted there.for: 15. (1) \Vhere an accident happens to a worker in the course of his employment entitling him or his dependants to compensation under this Act, neither the worker, his dependants or his legal personal representative or the employer of the worker has any cause of action in respect of or arising out of the personal injury suffered by, or the death of the worker as a result of, the accident (

a) against any employer, or (

b) against any worker of an employer, in an industry to which this Act applies when the conduct of the enlp!oyer or worker which caused or contributed to the injury arose out of and in the course of employment in an industry to which this Act applies.

(2) In an actiolJ. taken pursuant to

section 14, subs'8rHon (1), clause (b), arising out of injury to or death of a worker a defendant may not bring third party or other proceedings against any employer or worker whom the plaintiff nlay not bring an action against because of the provisions of this Act, but where the court is of the opinion that such em ployer or worker, by his fault or negligence, contributed to the damage or loss of the plaintiff it shall hold the defendant liable only for that portion of the damage or loss occasioned by the defendant's own fault or negligence. 8. The following

section is added after

section 17: 17.1

(1) The Board may enter into an agreement with the government of Canada or with the apnropriate author ity in any other province or territory of Canada providing for the sharing of the costs of claims in proportion to the

Explanatory Notes I. This Bill will amend

chapter 87 of the Statutes of Alberta, 173. 2. This amendment will extend protection from action to all orkers in industries to which the Act applies. It will also make clear that in determining a 'cause of action brought under this ct the court may take into account the contributory negligence , an employer or worker who is protected from action by the 'ovisions of this Act. ~. This amendment will permit the Board to enter into agree ~?ts with other jurisdictions relating to contributions in respect of lInS of losses where the exposure to situations likely to contribute such losses occurred in more than one jurisdiction.

exposure or estimated amount 'Of exposure to probable causes of the damage giving rise to the claims encountered by the claimants within their respective jurisdictional areas.

(2) All moneys paid or received by the Board pursuant to any agreement under subsection (1) shall b~ paid out of or into t.he Accident Fund, as the case may be, by the Board.

Section 28 1~S ame,nded by striking out subsection 5 and by substituting therefor the following subsection:

(5) Where a lump sum payment has been made by the Board to a worker as settlement in full of his claim and has been so aceepted by the worker, he may nevertheless sub sequently receive benefits under

section 55, subsectio!l (4), the provision of additional medical aid and the payment of any temporary disability compensation in connection with the provision of the additional medical aid.

Section 37, subsection (4) is arnended by addh'ig at the end of clause (

b) the word "or" and by adding after clause (

b) the following clause: (

c) where the accident occurred on or after July 1, 1976, in the amount of $320 per nlonth together with an additional sum of $90 per month in respect of each child so maintained,

Section 38, subsection (1) is a1nended by adding at the, end of clause (

b) the word ", 'Or" and by adding after clause (

b) the following clause: (c) $3,840 where the remarriage takes place on or after July 1, 1976.

Section 39, subsfction (1) 'l~S amended by adding a.t I;he end of clause (

b) the word", or" and by adding after clause (

b) the following clause: (b.I) $90 per month, where the death or remarriage occurs on or after July 1, 1976,

Section 40 is amended (

a) by adding after subsection (1) the following sub section:

(1.1) A dependent widow or widower receiving compensation under subsection (1) in respect of an accident occurring on or after January 1, 1974 but prior to July 1, 1976 shall be granted an additional payment of compensation sufficient to increase the monthly payment to the dependent widow or widower to the greater of (a) $405 per month, or 2

Section 28, subsection (5) presently reads:

(5) Where a lump sum payment has been made by the Board to a worker or a dependant as a settlement in full of his claim and has been so accepted by the worker or dependant, the worker or dependant is not entitled to receive or be paid any further or othcr compensdion for or in respect of the degree of disability for which he wus being compensated, but this subsection does not in any way prevent the application of

section 55, subsection (4), the pro vision of additional medical aid or the payment of temporary total disability compensation in connection with the provision of the additional medical aid. 5. This amendment will set the levels of payment to foster parents in respect of accidents occurring on or after July 1,

Section 37, subsection (4) presently reads: (4) 'V'here the wor1;er dies as the result of an accident and leaves no dependent widow or widower or the dependent widow or widower subsequently dies and any suitable person acts as foster-parent in keepIng up a hopsehold Pond maintaining and taking care of the children entitled to compensation in a manner that the Boam considers satisfactory, the fostcr-parent while so acting is entitled to receive compensatiorl (

a) where the accident occurred on or after January 1, 1974. in the amount of $225 per month together with an additional sum of $70 per month in respect of each child so maintained, or (

b) where the accident occurred on or after April 1, 1975, in the amount of $290 per month together with an adcliUonal sum of $80 per month in respect of each child so mp.intained, until the child has, subject to

section 39, 2.ttained the age of 18 years or died before attaining that age. 6. This amendment will prescribe the amount payable upon brnination of payrrent::; to a dependent widow or widower wr.c rE marries on or after July 1, 1976. 7. This amendment prescribes a new rate payable to dependent children where the dependent widow or widower has died or re married on or after July 1, 1976. 8.

These amendments increase the additional amounts payable to dependent widows or widowers receiving compensation for accidents occurring between January 1, 1974 and June 30, 1976, dependent widows or widowers receiving compensation under prior Acts, to foster parents and dependent children by prescribing the amounts that their pensions shall be raised to. 2

(

b) the amount of pension that person would otherwise receive plus 10112 per eent of that amount. (

b) as to subsection (2) (

i) by striking out the word "and" at the end of clause (

a) and by adding the word ", and" at the end of clause (b), and (ii) by adding after clause (

b) the following clause: (c) $320 per month commencing July 1, 1976. (

c) as to subsection (3) (

i) by striking out the word "and" at the end of clause. (

a) and by adding the word ", and" at the end of clause (b), and (ii) by adding after clause (

b) the following clause: (c) $320 per month commencing July 1, 1976. and (

d) as to subsection (4) (

i) by striking out the word "and" at the end of clause (

a) and by adding the word ", and" at the end of clause (b), and (ii) by adding after clause (

b) the following clause: (b.1) $90 per month commencing July 1, 1976.

Section 47 is amended (

a) as to subsection (1) by adding the word ", 01'" at the. end of clause (

b) and by adding after clause (

b) the following clause: (c) $14,500 per year where the accident occurred on or after July 1, 1976. and (

b) by striking out subsections (5) and (6).

Section 50, clause (

a) is amended by adding the word "or" at the end of subclause (ii) and by adding after sub elause (ii) the following subclause: (iii) $405 per month where the accident occurred on or after July 1, 1976,

Section 53 is amende,d by adding after subsection (1.1) the following subsection:

(1.2) On and after July 1, 1976, an injured person re ~eiving compensation for permanent total disability or )ermanent partial disability under this Act or any prede- 3

9. The first amendment will increase the ceiling on the maximum rate per year in respect of which a worker can receive compensation. The second amendment repeals subsections (5) and (6) which read as follows:

(5) Where a work~r is re~eiving compensation for a permanent or tempor:uy disabiUty, he shall not receive compensation fur any further or other d.sability in any amount that would result in him receiving in the aggregate compensation in excess of that payable for total disability.

(6) Where a worker has received a lump sum in lieu of the periodic pay ments that otherwise would have been payable for a permanent disability, he shall for the purposes of sUbsection (5) be deemed to be still in receipt of the periodic payments. 10. This amendment fixes the minimum amount of compensation for permanent total or partial disability in respect of an accident occurring on or after July 1, 1976. I I. This amendment increases disability payments. 3

~essor of this Act shall be granted an additional payment of ~ompensation sufficient to increase the monthly payrnent to that person to the greater of (a) $405 per month in case of permanent total dis ability or a proportionate n10nthly amount calcu lated according to the percentage of disability assessed in case of permanent partial disability, or (

b) the amount of pension that person would otherwise receive pursuant to subsection (1.1), plus 10112 per cent of that amount.

Section 64, subsection (3) is amended by striking out the figure "$13,000" and by substituting theyefor the figu're " $14,500".

Section 67, subsection (2) is amended by striking out the figure "$13,000" anel by substituting therefor the figuye "$ 14,500".

Section 94, subsecUon (2) is amended by striking out the words "April 1, 1975" and by substituting therefor the words "July 1, 1976". 15. This Act comes into force on the day upon which it 1:8 assented to. 4

l2.

Section 64, subsection (3) reads as follows:

(3) Where the assessment is based upon the payroll of the employer and the payroll shows in anyone year earnings in respect of any worker in excess of $13.000 for that year. every such excess shall be deducted from the amount of the payroll before it is used as a basis for assessment. 13. This amendment increases the maximrun figure at which e Board can fix as the wages for persons deemed workers who are It receiving a salary.

Section 94, subsection (2) presently reads:

(2) Claims in respect of accidents occurring prior to April 1, 1975 shall be administered under and in accordance with the law in effect at the time the accident occurred. 4 Title: 1976 (18th, 2nd) Bill 41, The Workers' Compensation Amendment Act, 1976

Document details

Collection	Alberta — Bills
Citation	L18 S2 5613
Type	bill
Volume / chapter	L18 S2 5613
Language	en
Format	json
Source	PROVINCIAL
Identifier	096014f3c44e4a6c073046c93a0b75393deefef0

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