Bill 11 (Legislature 4, Session 1)

L4 S1 9700

Alberta — Bills

BILL No. 11 of 1918. The Workmen's Compensation Act. (Assented to , 1918.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. 1. This Act may be cited as "The Workmen's COm-Shorttitie pensation Act."

INTERPRETATION. 2. In this Act, unless the context otherwise requires- (a) "Accident" shall include a wilful and intentional Accident act, not being the act of a workman, and shall also include a chance event occasioned by a physical or natural cause; (b) "Accident funds" shall mean the funds provided for Accident funds the payment of compensation, outlays and ex- penses and the cost of installation and operation of mine rescue stations under this Act; (c) "Board" shall mean the Commission as constituted Board under this Act; (d) "Compensation" shall include medical aid except Compell8ation where such

interpretation is inconsistent with the context; (e) "Dependants" shall mean such of the members of Dependants the family of a workman as were wholly or partially dependent upon his earnings at the time of his death or who but for the incapacity due to the accident would have been so dependent; (f) "Employer" shall include every person having in Employer his service under a contract of hiring or apprentice- ship, written or oral, express or implied, any person engaged in any work in or about an industry to which this Act applies and includes municipal corporations, school boards, commissions and boards having the management of any work or service operated for a municipal corporation; and where the services of a workman are tem porarily let or hired to another person by the person with whom the workman has entered into such a contract the latter shall be deemed to con- tinue to be the employer of the workman while he is working for that other person; (g) "Employment" shall include employment in an Employment industry or any branch, part or department of an industry; (h) "Industry" in this Act shall include establishment Industry undertaking, trade and business as included in the schedules hereto; (i) "Industrial disease" shall mean any of the diseases I>;Idustrial mentioned in the form hereto and any other disease disease which by the regulations is declared to be an industrial disease;

2 (j) "Invalid" shall mean physically or mentally in- Invalid capable of earning; (k) "Medical referee" shnll mean medical referee Meclicsl referee appointed by the Bonl'd; (l) "Member of the family" shall mean and include i\lember of wife, husband, father, mother, grandfather, grand- the family mother, stepfather, stepmother, son, daughter, grandRon, granddaughter, Rtepson, stepdaughter, brother, siRter, half-brother, half-sister and a person who stood in loco parentis to the workman or to whom the workman stood in loco parentis, whether related to him by consanguinity or not so related and where the workman is the parent or grandparent of an illegitimate child shall include such child, and where the workman is an illegiti- mate child shall include his parents and grand parents; (m) "Mine" shall mean mine as defined by

An Act Mine respecting Mines, being

chapter 4 of the Statutes of Alberta, 1913; (n) "Regulations" shall mean regulations made by the Hegulations Board under the authority of this Act; (0) " Workman" shall include a person who has Workman entered into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise but shall not include an outworker 01' a person engaged in clerical work if not exposed to the hazards incident to the nature of the work carried on in the employment, and shall also include any person engaged in training for mine reSCU8 work or who with the knowledge and consent of the management is doing recovery work afte an explosion, accident or catastrophe; (p) "Construction" shall include reconstruction, repair, Construction alteration and demolition; (q) "Outworker" shall mean a person to whom articles Outworker or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repnired or adnpted for sale in his own home or on othel premiseH not under the control or management of the person who gave out the articles or materials.

THE BOARD. 3. There is hereby constituted a Commission for the Constitution administration of this Act, to he called The Workmen's of hoard Compensation Board, which shall consist of not more than three members to be appointed by the Lieutenant Governor in Council and shall be a body corporate. 4. One of the Commissioners shall be appointed by the Chairman Lieutenant Governor in Council to be Chairman of the Board and he shall hold that office while he remainR a member of the Board. 5.

In case of the death, illness or absence from Alberta of Appointment of a Commissioner or of his inability to act from any cause ~~n;~~;~ener the Lieutenant Governor in Council may appoint some person to act pro tempore in his stead and the person so appointed shall have all the powers and perform all the duties of a Commissioner.

3 6. Each Commissioner shall hold office during good Tenure behaviour but may be removed at any time for cause. of office 7. The presence of two Commissioners shall be necessary Quorum to constitute a quorum of the Board. 8. A vacancy in the Board shall not if there remain Non- two members of it impair the authority of such two members ~f~~1h::~u; to act. 9. The office of the Board shall be situated in the City Office of of Edmonton and its sittings shall be held there except ~i~~[:g:nd where it is expedient to hold sittings elsewhere and in that case sittings may be held in any part of Alberta. 10.

The members of the Board shall receive such salaries SaJari .. as may be fixed by the Lieutenant Governor in Council. of board 11. The Board shall have like powers as the Supreme Powers Court for compelling the attendanc~ of witnesses and of of board examining them under oath, and compelling the production of books, papers; documents and things.

(2) The Board may cause depositions of witnesses residing within or without the province to be taken before any person appointed by the Board in similar manner to that prescribed by the Rules of the Supreme Court for the taking of like depositions in that Court before a Commissioner. 12. The Board may appoint such officers as the Board Af.Pffiintment may deem necessary for carrying out the provisions of this 0 0 cers Act and may prescribe their duties and fix their remuner- ation.

(2) Every person so appointed shall hold office during the pleasure of the Board. 13. The Board shall have exclusive jurisdiction to Jurisdiction . . h d d . 11 d' of board examme mto, ear an etermme a matters an questIOns arising. under this Act, and the action or decision of the Board thereon shall be final and conclusive and shall not be open to question or review in any court, and no pro ceedings by or before the Board shall be restrained by injunction, prohibition or other process or proceedings in any court or be removable by certiorari or otherwise into any court.

(2) Nothing in subsection 1 shall prevent the Board from reconsidering any matter which has been dealt with by it or from rescinding, altering or amending any decision or order previously made, all of which the Board shall have authority to do. 14:. The Board may act upon the report of any of its Board officers and any inquiry which it shall be deemed necessary ~~~r~C;tn to make may be made by a Commissioner, or by an officer officers of the Board or some other person appointed to make the inquiry and the Board may act upon his report as to the result of the inquiry.

(2) The person appointed to make the inquiry shall for the purposes of the inquiry have all the powers conferred upon the Board. 15. The Board may make such regulations and prescribe Board such forms as may be deemed expedient for carrying out ~:~I~i::8

4 the provisions of this Act and any such regulations shall come into force nt the expirntion of thirty days from the date of their publication in The Alberta Gazette. 16. The Board may add to, withdraw or re-arrange any industries which arc or may be included in the schedules hereto. 17. If any que~tion arises as to whether an industry or any part thereof is all indw.,try to whieJl this Aet applies, the question shall be decided by the Board whose decision shall be final. 18. The accounts of the Board shall be audited by the Accounta to Provincial Auditor. be audited 19.

The Board shall, on or before the fifteenth day of Annual re~ort February in each year make a report to the Lieutenant Governor in Council of its transactions during the next preceding calendar year.

(2) Every such report shall be forthwith laid before the Legislature if the. Legislature is then in session and if it is not then in session, within fifteen days after the opening of the next session. ASSESSMENT. 20. Within a reasonable time after tho first day of July, Provisional 1918, the Board shall make an assessment on the employers aASCRRment for the purposes of this Act and to cover the cost of the administration thereof of such amount as the Board may consider necessary.

(2) The Board shall from time to time thereafter as it Subsequent d· d 1 assessment may deem expe lOnt an at least quarter y make an assess- ment on each employer for the period which has elapsed since the next preceding assessment was made but in no event shall the amount assessed be less than $5.

(3) The sums to be so assessed may be either a per- How centageof the payroll of the employer or a specific sum as :~~r::~~~de the Board may determine.

(4) Where the payroll includes the wages or salary of Deduction k 1 h b 'd 1 h from payroll a wor man w 10 .as een pal more t 1an at t e rate of of proportion $2,000 per annum the excess shaH be deducted from the of wages amount of the payroll and the assessments shall be based on the amount of it as so reduced.

(5) The assessment may be made in such manner and M:'trer f form as the Board may deem adequate and expedient. ~sess%';nt 21. Every employer shall pay to the Board the sum Assessments, payable by him within fifteen days after the notice of the when payable assessment of the amount so payable has been given to him.

(2) The notice may be sent by registered post to the How notice employer and shall be deemed to have been given to him may be served on the day on which the notice was posted. 22. If for any reason an employer liable to assessment Employer . d h h 11 h 1 b l' 1 not assessed IS not assesse e s a nevert e ess e lab e to pay to liable to pay the Board the amount for which he should have been ~~;~~nl~!or assessed and payment of that amount may be enforced b~~~I~s~:8~:d in the same manner as the payment of an assessment may be enforced. '

5 23. Notwithstanding that the deficiency arising from allpmbElotyer • 18 e 0 pay default III the payment of the whole or part of any aSReSS-unpaid sum. ment has been made up by a special assessment the de- faulting employer shall continue liable to pay to the Board the amotmt of every assessment made upon him or so much of it as remains unpaid. 24.

If in the opinion of the Board it is necessary to Formation or • •• rpSP,TVP funo provlde and mamtmn a reserve fund to meet the payments to be made in respect of compensation as they become payable and so as not unduly or unfairly to burden the employers in future years with paymentB whieh are to be made in these years in respect of accidents which have previously happened, the Board may from time to time set apart an amount from the assessments for that purpose and the amount so set apart shall form a reserve fund and may be invested by the Board in securities in which a trustee may by law invest moneys. 25.

An order of the Board for the payment of money Enforeement made under the authority of this Act or a copy of any such of orders order certified by the Secretary of the Board to be a true copy may be filed with the Clerk of the Supreme Court or of any District Court and when so filed shall become an order of the court and shall be enforced as a judgment of the court. 26.

When any industry coming under the provisions Intdb"J'i.""d of this Act is established or commenced the employer shall :'ft:r "~.7 forthwith notify the Board of the fact and furnish to the ment rnB e Board an estimate of the probable amount of his payroll for the remainder of the year, verified by a statutory declara- tion, and shall pay to the Board a sum equal to that for which he would have been liable if his industry had been established or commenced before the last assessment was made or so much thereof as the Board may deem reasonable. (2).

The Board shall have the like powers and be entitled to the like remedies for enforcing payment of the sum payable by the employer under subsection 1 as it possesses or is entitled to in respect of assessments. 27.

Subject to the regulations of the Board every employer gt8:em~~8dto included in this Act shall before the twentieth day of June, b~ e~~\~y~ra 1918, prepare and transmit to the Board a statement of the total amount of wages earned by all his workmen during each of the twelve calendar months then last past and shall monthly thereafter before the twentieth day of each month prepare and transmit to the Board a statement of the total amount of wages earned by all his workmen during the calendar month then last past and such state- ments shall be accompanied by such additional information as the Board may require and shall be verified by a statutory declaration of the employer, or his representative, or where the employer is a corporation by an officer of the corporation having a personal knowledge of the matter to which the declaration relates.

(2) If an employer does not make and transmit to the Fairlure, h . to urnlS Board the prescrIbed statement or cause same to be done statement. within the prescribed time the Board may base any assess- ment thereafter made upon such sum as in its opinion is the probable amount of the payroll of the employer and the employer shall be bound thereby, but if it is after- w:~rd8 .<1scel'tained that such amount is less than the actual

6 amount of the payroll the employer shall be liable to pay to the Board the difference between the amount for which he was assessed and the amount for which he should have been assessed on the basis of his payroll. 28.

The Board or any member of it or any officer or Examination J . db' f b h 11 I h of accounts person aut lO:f.'lZe y It or t.at purpose s.a lave t e unci books of . h . 1 bId f h 1 employer rIg t to examme t 1e 00 {S an accounts 0 t ~e emp oyer . and to make sHeh other inquiry as the Board may deem necessary for the purpose of ascertaining the amounts of the payroll of any employer and for the purpose of any such examination nnd inquiry the Board nnd Jl(~l'ROn so nppointod shall have all the powers which may be conferred on a commissioner appointed under

An Act respecting Inquiries Concerning Public Matters.

(2) No person shall obstruct or hinder the making of an examination or inquiry mentioned in subsection 1 or refuse to permit it to be made.

(3) If a statement is found to be incorrect the assessment Assessment shall be made on the true amount of the payroll as ascer- ~a~o~r~.';;~~rl tained by such examination and inquiry or if an assessment with payrolls has been made against an employer on the basis of his payroll being as shown by the statement, the employer shall pay to the Board the difference between the amount for which he was assessed and the amount for which he should have been assessed. 29.

The Board or any member of it or any officer or ~oarrl t~ person authorized by it for that purpose shall have the t~i~~~;:ctt . h t' . t h bl' h f premIses of rig t at any Ime to enter mot e esta IS ment 0 anYe';p!oyer employer who is liable to contribute to the accident fund, and the premises connected with it and every part of them for the purpose of ascertaining whether the ways, works, machinery or appliances therein are safe, adequate and sufficient and whether all proper precautions are taken for the prevention of accidents as to the workmen employe.d in or about the establishment or premises and whether the safety appliances or safeguards prescribed by law are used and employed therein, or for any other purpose which the Board may deem necessary for the purpose of determining the proportion in which such employer should contribute to the accident fund. 30.

Eve;rY employer shall .keep in such form and wit? ~~g!~~;~ll~)t such detail as may be requITed for the purposes of thIS of wage" paid Act a careful and accurate account of all wages paid to his employees and such account shall be kept within the province and shall be produced to the Board or its officers when so required. ACCIDENT FUND. 31. A separate accident fund shall be provided for How "('('ident h h d 1 b t 'b t' t b d' h fund to be eac SC e u e y eon 1'1 u IOns 0 e rna e m t e manner provided herein provided, by all employers included in th2.t

schedule and eompensation payable in respect of accidents under each

schedule and the costs of administration sh8Jl be paid out of the aecident fund provided for by that schedule. 32. Where at any time there is not money available in AdYnlloe of any accident fund for payment of the compensation which ~~,l;'~:i'"""ti()11 has become due the Lieutenant Governor in COllnr.il ma,v ( """,Iid.n::.l , .).. - (. J H'\\'(,llliP I'lind direct that the same be advanced out of the Consolidated

7 Revenue Fund and in that case the amount advanced shall be repaid to the Provincial Treasurer after the next assessment, together with interest at the rate of six per centum per annum. 33. Separate I1Pcounts shall he kept of the amounts Aepnmte collected and expended in respect of eaeh employer, hut for ~~ek;~r~:"r(~;' the purpose of paying compensation each accident fund shall i;d~s~~~"" and nevertheless be deemed one and indivisible.

(2) Where a greater number of accidents has happened ;~~;~~~~~: to workmen in the employ of any employer than in the in certain opinion of the Board ought to have happened, the Board cases may add to the amount of any contribution to the accident fund for which such employer is liable such a percentage thereof as the Board may deem just and may assess and levy the same upon such employer.

(3) The powers conferred by the preceding subsections Powers ~"Y h · b . d f t' t' d f be exerCIsed ereln may e exercIse rom lme to lme an as 0 ten"" occasion as in the opinion of the Board occasion may require. requires COMPENSATION. 34. Where in any employment to which this Act applies Compensation personal injury by accident arising out of and in the course to workmen of the employment is caused to a workman compensation shall be paid in the manner and to the extent herein mentioned- (

a) If a workman is disabled for a period of fourteen Exceptions days or more he shall be paid compensation from the day of the accident, but if he is disabled for a period of less than fourteen days he shall be paid for and from the fourth day after the accident; (

b) Except where the injury is attributable solely to the serious and wilful misconduct of the workman unless the injury results in death or serious dis ablement. (2) ,An employer or a member of his family may be ~rrr;::~':.;b~r of deemed to be a workman within the meaning of this Act, ~~jl! o~ provided that at the time of the accident he was carried emp~o~:d as on the payroll of the employer and his wages were included wor man in the then last statement furnished to the Board under sections 26 and 27, and he or his dependants shall be entitled to compensation accordingly. 35. This Act shall not apply to- Act no It to app y (

a) A person whose employment is of a casual nature to calsual nt d h · I d h . h f h emp oyme an w 0 IS emp oye ot erWlse t ,an or t e pur- poses of the employer's trade or business; (

b) Non-residents of the Dominion of Canada who are~;r,te~ant. dependants after one year after the arrival of the ~thodt workman in Canada; provided this subsection ana a shall not apply to the father and mother of the workman.

(2) Clause (

b) of this

section shall not take effect until one year after the date of the passing of this Act. 36. Employers to whom this Act applies shall be liable lf~hr~,°loer. 'b I 'd t f d h' 'd d contribute to to contrI ute to t 10 acCl en un s, as erelll proVl e. the accident hnd

8 37. Where an accident happens while the workman isAccide'!t I d I h th . h . h' h ld happemng em}) oye e sew ere an m t e proVlllce w IC WOU elsew!>ere entitle him or his dependants to compensntion under this ~~~~h,:e Act if it had happened in the province, the workman or his dependants shall be entitled to compensation under this Act- (

a) If the place or chief place of business of the em ployer is sitUH,tc in the province and the residence and the IlSllfti place of employment of the work man are in the province ami his employment out of the province has immediately followed his employment by the same employer within the province and has lasted less than six months; or (

b) If an accident happens to a workman who is a resident of the province and the nature of the employment is such that in the course of the work or service which the workman performs it is required to be performed both within and with out the province.

(2) Except as provided by subsection (1) no compensation shall be payable under this Act where the accident to the workman happens elsewhere than in the province.

(3) Where by the law of the country or place in which ~~~:n."tion the accident happens the workman or his dependants are r.aya~le t~ entitled to compensation in respect of it they shall be c~:n~r; er bound to elect whether they will claim compensation under ~o~te';,':n the law of such country or place or under this Act and to given notice of such election and if such election is not made and notice given it shall be presumed that they have elected not to claim compensation under this Act.

(4) Where the compensation is payable out of the accident~ot!i:nof fund notice of the election shall be given to the Board ec within three months after the happening of the accident or in case it results in death within three months after the death or such longer period as either before or after the expiration of such three months the Board may allow. 38. No action shall lie for the recovery of compensation N°hac~ion ht but all claims for compensation shall be heard and deter-!~ r:co~~~g . d b th B d compensation mme y e oar . .

(2) The pr.ovisions of ~his Act shall be in lieu. of all r;l~~i~r~ll rights and nghts of actlOn, statutory or otherwise, to rigl.'ts of . 1· h lun h' d db' I d action agamst W llC a wor an or IS epen ants are or may e entlt e employer against the employer of such workman for or by reason of any accident happening to him while in the employment of such employer and no action in respect thereof shall lie. 39.

If a workman receiving periodical payments ceases to Ch~dnge of 'd' h . h h II h f b . 1 d res' enco resl e In t e prOVInce e s .a . not t erea ter e entlt e to receive any such payments unless a medical referee certifies that the disability resulting from the injury is likely to be of a permanent nature and if a medical referee so certifies and the Board so directs the workman shall be entitled quarterly to the amount of the periodical payments accruing due if he proves in such manner as may be prescribed by the regulations his identity and the continuance of the disability in respect of which the same is payable; provided, that a workman who claims compensation or to whom

9 compensation is payable under this

section shall if so required by the Board submit himself for examination by a medical referee. 40. It shall not be competent for a workman to agree Right to . with his employer to waive or to forego any of the benefits :':7~~~a~~on to which he or his dependants may become entitled under waIved this Act and every agreement to that end shall be absolutely void. 41.

No sum payable as compensation or by way of Compe~"ation •• • not n8Blp:nable commutatIOn of any penodical payment in respect of It 01" lin/,In tOt shall be ca'Pablc of being assigned, charged or attached nor Mt"" 1II1~1l shall any claim be set off against it by operation of law or otherwise unless with the approval of the Board. 42.

Subject to .subsection 4. compen.sation shall not be ~~~~~~~r payable unless notICe of the accIdent IS gIVen to the employer to be given or his representative before the injured person leaves the works on the date of the accident, if he is able to do so, and in every case before he has voluntarily left the employ- ment in which he was injured.

(2) The notice shall give the name and address of the ~atll? workman and shall be sufficient if it states in ordinary 0 no Ice language the cause of the injury and where the accident happened.

(3) All claims for compensation shall be made to the Pe~iod;wi~hin • • whIch claIms Board withm three months from the happening of the to be made accident or in case of death within three months from the time of death.

(4) Failure to give the prescribed notice or to make F.ailure ~o such claim or any defect or inaccuracy in· the notice shall gIve notIce not bar the right to compensation if in the opinion of the Board' the claim for compensation is a just one and ought to be allowed. 43. A workman who claims compensation or to whom ~t 'orkbm~n .. bl d h' A h 11 'f . d 0 all nnt to CompensatIOn IS paya e un er t IS ct s a 1 so reqUIre exnmination by the Board submit himself for examination by a medical referee.

(2) A workman shall' not be required to submit himself for examination otherwise than in accordance with the provisions of subsection 1 of this section. 44. The medical referee who has examined a workman Crti~at1 by direction of the Board under subsection 1 of

section 43 ~er~::e lea shall certify to the Board as to the condition of the workman and his fitness for employment, specifying where necessary the kind of employment, and if unfit the cause of such unfitness and his certificate unless the Board otherwisc directs shall be conclusive to the matters certified.

(2) If a. workman does not .submit himself for examinat~on f:~~b~l1it to by a medIcal referee as prOVIded by subsectIOn 1 of

sectIOn examination 43 or in any way obstructs an examination his rigl}t to compensation or if he is in receipt of a periodical payment his right thereto shall be suspended until such examination has taken place. 45. Where in any case, in the opinion of the Board, it Spe".ial will be in the interest of the accident funds to provide a ~~~~~!nt. special surgical operation or other special medical treat- ment for a workman, and the furnishing of the same by

10 the Board is in its opinion the only means of avoiding heavy payment for permanent disability the expense of such operation or treatment may be paid out of the accident fund. 46. Any payment to a workman may be reviewed on Ileview or. the Board's own motion or at the request of the workman ("ompcnsntlOn and on such review the Board may put an end to or diminish or may increase such payment to a sum not beyond the maximum hereinafter prescribed. 47. Where compensation is payable the Board may COlllmntntioll t th t bl t k d d of payment_ commu e e paymen s paya, e 0 a wor man or a epen- ant to a lump sum.

(2) The Board may in any case where in its opinion the interest or pressing need of the workman or dependant warrants it, advance or pay to or for the workman or dependant such lump sum as the circumstances warrant and as the Board may determine. SCALE OF COMPENSATION. DEATH. 48 Where death results from an inJ' ury the amount of Compensation • for death compensation not exceeding $2,500 in the whole shall be- (

a) The necessary expenses of the burial of the work man not exceeding $75; (

b) Where the widow or invalid husband is the sole dependant, a monthly payment of $20; (

c) Where the dependants are a widow or an invalid widower and one or more children a monthly payment of $20 with an additional monthly pay ment of $5 for each child under the age of sixteen years to be increased upon the death of the widow or invalid widower to $10, not exceeding in the whole $40 per month; Cd) Where the only dependants are children a monthly payment of $10 to each child under the age of sixteen years, not exceeding in the whole $40 per month; provided that where there are more than four children the payments may be proportioned; (

e) Where the only dependants are persons other than those mentioned in the foregoing clauses, a sum reasonable and proportionate to the pecuniary loss to such dependants occB,sioned by the death, to be determined by the Board, but not exceeding to the parents or parent $20 per month, and not exceeding in the whole $30 per month.

(2) In the case provided for by clause (

e) of subsection Duration 1 th t h 11 t · I I . h " of payments e paymen s s a con mue on y so ong as m t .e opmlOn of the Board it might reasonably have been expected had the workman lived he would have continued to contribute to the support of the dependants. (

a) Compensation shall be payable to an invalid child CO!,lpen .. "tion • • to Invalid WIthout regard to the age of such chIld, and pay- child ments to such child shall continue so long as in the opinion of the Board it might reasonably have been expected had the workman lived he would have continued to contribute to the support of such child.

11 (3) 'Where there are both total and partial dependants Compensation the compensation may be allotted partly to the total and ~~Jo;:~tial partly to the partial dependants. dependants .

(4) Where the Boar~ is of the opinion that f?r any reason ~1i~~~~~:nt It IS necessary or desIrable that a payment III respect of fo~ henefit of a child should not be made direetly to itf> parent, the dllldrpn Board may direct that the payment he made to such persons or be applied in such manner as it may deem most for the Udvulltugo of tho child.

(5) Where a payment to anyone of a number of de- Readjustmont pendants ceases the Board may in its discretion readjust of payment. the payments to the remaining dependants so that the remaining dependants shall thereafter be entitled to receive the sam.e compensation as though they had been the only dependants at the time of the death of the workman. 49. Subject to the provisions of

section 48 if a dependent :1\lal:~age widow m.arries the monthly payments to her shall cease, 0 WI ow but she shall be entitled in lieu of them to a lump sum equal to the monthly payments for two years and such lump sum shall be payable within one month after the date of her marriage.

(2) Subsection 1 shall not apply to payulents to a widow Exception in respect of a child but the payments provided in

section 4'3 subsection 1 clause (

c) in respect of a child shall cease when the child attains the age of sixteen years or dies. 50. Where a workman leaves no dependants such sum Expense, 1 B d d 11 f h f of medieal as t 1e . oar may eem reasona) e or t e expenses 0 attelJ/lance his medical attendance, nursing, care and maintenance shall be paid to the persons to whom such expenses are due. PERMANENT TOTAL DISAllIUTY. 51. Where permanent total disability results from the Compen.ntion • . . for permanent lllJUry . the amount of compensatIOn shall be a weekly total disability payment of $10 not exceeding in the whole $2,500.

(2) III the following cases it shall be conclusively pre sumed that the injury if) permanent and results in total incapacity, to wit: (

a) Total and permanent loss of sight of both eyes; (

b) The loss of both feet at or above the ankle; (

c) The loss of both hands at or above the wrist; (

d) The loss of one hand at or above the wrist and one foot at or above the ankle; (

e) Any injury to the spine resulting in permanent and complete paralysis of legs or arms or one leg and one arm; (

f) Any injury to the skull resulting in incurable imbecility or insanity; Proyided that this enumeration shall not be conclusive but in other cases the Board shall find the facts. PERMANENT PARTIAL DISABILITY. ,1)2. Where permanent partial disability results from the ('","pon~"ti()n .. hI' 1 11 b for pPl111nncnt lIlJUry t .C tota compensatIOn s la e: p!\rti,~l ( ) I" lIb . f b d""Il1iItv a ~ or t J.e oss y separatlOn 0 one arm at or a ove . the elbow joint or the permanent or complete loss of the use of one arm, $1,000;

12 (

b) For the loss by separation of one leg at or above the knee joint or the permanent or complete loss of the use of one leg, $RGO; (

c) For the loss by separation of oHe foot at or above the ankle or the permanent or complete loss of the use of one foot, $625; (

d) For the permanent or complete loss of hearing, $600; (

c) For the permanent and irrecoverable loss of sight of one eye, $550; (

f) For the loss by separation of a thumb, $150; ((

J) For the loss by separation of a finger or a great toe, $100; (

h) For the loss by separation of any toe except the great toe, $50; (

i) The loss of one phalanx of a thumb or two phalanges of a finger shall be considered equal to the loss of half a thumb or of a finger and compensation shall be one-half that of the loss of a thumb or of a finger; (

j) The loss of more than one phalanx of a thumb and more than two phalanges of a finger shall be considered as the loss of an entire thumb or finger.

(2) In all other cases of injury resulting in permanent partial disability the compensation shall be fixed by the Board and shall be as near as possible in proportion to the amounts fixed herein for specified cases. TEMPORARY TOTAL DISABILITY. 53. Where temporary total disability results from the Compensation injury the compensation shall be the same as that prescribed i~~a\e;n~~bilrrv by

section 51 subsection 1 but shall be payable only so . long as the disability lasts.

(2) Provided that in the case of any person who is Person under the age of twenty-one years and has no person r:~~~y~~~~f wholly dependent upon him the amount shall be $7.50years per week. TEMPORARY PARTIAL DISABILITY. 54:.

Where temporal'Y partial disability results from an Compensation injury and the workman is at wOl'k at reduced earnings ~o:riie,.'1Porary which are less than 90 per cent. of the earnings he was disability receiving at the time of the injury he shall receive com pensation equal to 55 per cent. of the difference between the average weekly eal'llings received at the time of the injury and the average weekly eal'llings at which he is actually employed computed in accordance with the pro- visions of this Act.

(2) For the purposes of the provisions of this

section Manner o.f relating to "earnings" and "average weekly eal'llings" of ~1~~~r~;!on a workman the following shall be. observed: :a~~:;gs (

a) Average weekly eal'llings shall be computed in such manner as is best calculated to give the rate per week at which the workman was being remuner ated; provided that where by roason of the short ness of the time during which the workman has been in the employment of his employer, or the casual nature of the employment, or the terms of

13 the employment, it is impracticable at the date of the accident to compute the rate of remuneration, regn.rd mfiy be had to the average weekly amount which during the twelve months previous to the accident, was being earned by a person in the same grade employed at the same work by the same employer, 01', if there is no person so employed, by a person in the same grade employed in the Sfime class of employment and in the same district; (

b) Where the workman had entered into concurrent contracts of Rervico with two 01' more employers under whom he worked at one time for one such employer and at another time for another such employer, his average weekly earnings shall be computed as if his earnings under all such con tracts were earnings in the employment of the employer for whom he was working at the time of the accident; (

c) Employment by the same employer shall be taken to mean employment by the same employer in the grade in which the workman was employed at the time of the accident, uninterrupted by absence from work due to illness or any other null, voidable cause; (

d) Where the employer has been accustomed to pay to the workman a sum to covel' any special expenses entailed on him by the nature of his employment, the sum so paid shall not be reckoned as part of the earnings. 55. In fixing the amount of a payment regard shall be Allowance OT had to any payment, allowance or benefit which the work- ~~n~~~!~ot';; man may receive from his employer during the period of ;oo~:re~~dt?nbe his disability, including any pension, gratuity or other fixing payments allowance provided wholly at the expense of the employer. 56.

Where a workman or a dependant is under the Compensation age of twenty-one years or under any other legal disability ;~;:;,.: ~~deT the compensation to which he is entitled may be paid to ~~: ~~!~enty such person or be applied in such manner as the Board may deem most for his advantage. 57. All compensation due from the first day to the Date of fifteenth day of a month, both days inclusive, shall be ~~~I~:~:n~fon paid on the first Saturday of the month following and all compensation due from the sixteenth to the last day of a month, both days inclusive, shall be paid on the third Saturday of the month following:

(2) For the purpose of ascertaining the amount of com pensation due such amount may be computed on a daily basis and regard may be had for a week of six days. MEDICAL AID. 58. Any plan for providing medical aid to the workmen Pro,:i.ion~ for existing at the time of the coming into force of this Act medICal aId or which is hereafter put into force and made available to the workmen and which in the opinion of the Board after investigation of the facts is found on the whole to be efficient in the interests both of the employer and of

14 the general body of the workmen may by order of the Board subject to such conditions as it may require be declared to be a plan approved by the Board: Provided, however, that for the purpose of rendering immediate medical aid where no such plan as aforesaid is in force, in addition to any compensation payable under this Act the cost of medical attendance, nursing, care and maintenance rendered necessary by accident, as the Board may deem reasonable, not to e~ceed $100, shall be paid by the Board out of the accident fund to the persons to whom the same may he due and payable. INDUSTRIAL DISEASES. 59. Where- (

a) A workman suffers from an industrial disease as defined by this Act and is thereby disabled from earning full wages at the work at which he was employed; or (

b) The death of the workman is caused by such industrial disease, and the disease is due to the nature of the employment in which the workman was employed at any time within the twelve months previous to the date of the disablement, whether under one or more employments, the workman or his dependants shall be entitled to compensation under this Act as if the disease were a personal injury by accident arising out of and in the course of that employment, subject to the following modifications: (

c) The disablement shall be treated as the happening of an accident; and (

d) If the workman has at the time of entering the employment wilfully and falsely represented him self in writing as not having previously suffered from the disease, compensation shall not be payable.

(2) If the workman at or immediately before the date of the disablement was employed in any process mentioned in the second column of the form hereto and the disease contracted is the disease in the first column of the form set opposite to the discription of the process the disease shall be deemed to have been due to the nature of that employment unless the contrary is proved.

(3) The Board may by the regulations require every physician treating a patient who is suffering from an industrial disease to report to the Board such information relating thereto as it may require.

(4) Nothing in this

section shall affect the right of a workman to compensation in respect of a disease to which this

section does not apply, if the disease is the result of an injury in respect of which he is entitled to compensation under this Act. NOTICES AND RECEIPTS. 60. Every employer included in this Act shall keep Employer to posted in a conspicuous place on the premises where the post receipt work is carried on where it may be seen a certificate or duplicate of his last assessment receipt issued by the Board.

(2) Every workman shall before entering into any Work'cI'''D employment to which this Act applies satisfy himself that ~:!W~ his employer has paid his assessment and that the same t!~tp~il1~:er is paid thereafter when due, so that he may receive com- IISsessment' pensation in case of injury.

(3) Any person knowing of any violation of the pro- Violations to , , f h' A h 11 ' d' 1 t t th be reported VISIOnS 0 t IS ct s a Imme late y repor same 0 e Board or to some person appointed by the Board, 61. No employer as defined by this Act shall keep or Emp]fyer. ti: have in his employment any workman unless such employer ~~:~sro;.:t has complied with the provisions of this Act, of Act

(2) When an employer ::s ~efined by this ,Act ceases to ~~tW~Ob~~;d be an employer he shall wlthm ten days notIfy the Board when ceasing by registered mail of his ceasing to be an employer within to be employer the meaning of this Act, 62. Every employer t~ whom this, Act applies having ~';.,P~';t~~: ~~ knowledge of the happemng of an accIdent to a workman aocident. in his employment by which the workman is disabled from earning full wages shall notify the Board by registered mail within twenty-four hours of- (

a) Name and postal address of employer; (

b) Name and postal address of person killed or injured; (

c) Occupation; (

d) Age; (

e) Date of accident; (

f) Time of accident; (

g) Cause of accident; (

h) Date of first employment; (

i) Nature of injury; (

j) Place of accident; (

k) Name and address of the physician or surgeon, if any, by whom the workman was or is attended for the injury,

(2) The physician or surgeon who attends an injured workman shall forward to the Board a report within seven days after the date of his first attendance upon such work man on a form prescribed by the Board, PENALTIES, 63. Any person who violates any of the prOVISIOns of this Act or any regulations made thereunder shall be liable on

summary conviction to a penalty not exceeding five hundred dollars and costs and in default of payment to imprisonment for a period not exceeding three months, 64 The penalties imposed by or under the authority Ileeover:.: • . • of penaltIes of this Act shall be recoverable on

summary conVIctIOn before a justice of the peace or a police magistrate and the provisions of

part XV of

chapter 146 of the Revised Statutes of Canada, 1906 (The Criminal Code), shall apply to all prosecutions under this Act,

(2) All penalties imposed by this Act shall when collected be paid over to the Board and form part of the accident fund, 65. The Supreme Court or any judge thereof, whetherEfmp]Oyme!'t • 0 persons In any other proceedmgs have been taken or not may upon contravention h 1" f h B d h'b't b " t' th of Act may be t e app !CatIOn 0 t e oar pro I 1 Y mJunc IOn e pr.ohibi~ed br employment of any person in contravention of this Act s~;~~ec~~C~nrt and may award sur,h costs in the matter of the injunction as the court or judge thinks just; but this provision shall be without prejudice to any other remedy permitted by aw for enforcing the provisions of this Act,

66. No prosecution shall be instituted for a violation Prolsebcution . thO A b . d b on y y person agamst IS ct except y some person appomte y appointed by the Board. Board 67. On the coming into force of this Act, so far as it Arlication relates to any employment covered thereby the provisions 0 Act of The Workmen's Compensation Act being

chapter 12 of the Statutes of Alberta, 1908, and any amendments thereto are hereby repealed so far as the provisions thereof relate to such cmploymcnt. 68. This Act shall except as provided in sections 20 and ~::~ow:~ke 27 come into force and effect on the first day of August, effect A.D. 1918, in so far as it applies to employment covered by the first

schedule hereto, and on the first day of January, A.D. 1919, in so far as it applies to employment covered by the second

schedule hereto, and upon the proclamation of the Lieutenant Governor in Council in so far as it applies to employment covered by the third, fourth and fifth schedules hereto.

SCHEDULE 1. Class I.-Employment in or about coal mines. Class 2.-Employment in or about coke ovens. _ Class 3.-Employment in or about briquetting plants. Class 4.-Employment in or about mines other than coal.

SCHEDULE 2.

Any trade or business connected with the industries of lumbering; fishing; manufacturing; building; construction; engineering; transportation; operation of electric power lines 1{,and power plants; waterworks and other public utilities; navigation; operation of boats, ships, tugs and dredges; operation of grain elevators and warehouses; teaming; scavenging and street cleaning; painting; decor ating and renovating; dyeing and cleaning; planing mills; flour milling; packing plants; printing; lithographing and engraving; telephone and telegraph systems; laund ies run by mechanical power; excavation; well drilling; oper ation of gas and oil wells; quarrying; lumber yards; ice or any occupation incidental thereto or connected therewith.

SCHEDULE 3. The Canadian Pacific Railway Company and its allied industries except those included in

schedule I. Where industries are mentioned in both schedules 2 and 3 they shall be deemed to be included in

schedule 3.

SCHEDULE 4. The Canadian Northern Railway Company and its allied industries except those included in

schedule 1. Where industries are mentioned in both schedules 2 and 4 th.ey shall be deemed to be included in

schedule 4.

SCHEDULE 5. The Grand Trunk Pacific Railway Company and its allied industries except those included in

schedule 1. Where industries are mentioned in both schedules 2 and 5 they shall be deemed to be included in

schedule 5. FORM. DESCRIPTION OF DISEASE Anthrax Lead poisoning or its sequelae. Mercury poisoning or its sequelae. Miners' Phthisis Phosphorus poisoning; or its sequelae. Arsenic poisoning or its sequelae. DESCRIPTION OF PROCESS Handling of wool, hair, bristles, hides and skins. Any process involving the use of lead or its prepar ations or compounds. Any process involving the use of mercury or its preparations or com pounds. Mining. Any process involving the use of phosphorus or its preparations or com pounds. Any process involving the use of arsenic or its pre parations or compounds. Ankylostomiasis. Mining.

No. 11. FIRST SESSION FOURTH LEGISLATURE 3 GEORGE V 1913 BILL The Workmen's Compensation Act. Received and read the First time ........ . Second time ............... . Third time ............... . RON. MR. STEWART. EDMONTON: J. W . .lJornalr, KIIfG'S PaIJIITila A.D. 1918 Title: 1918 (4th, 1st) Bill 11, The Workmen's Compensation Act

Document details

Collection	Alberta — Bills
Citation	L4 S1 9700
Type	bill
Volume / chapter	L4 S1 9700
Language	en
Format	json
Source	PROVINCIAL
Identifier	0f38891c8da741dd08990db8f1ba90f84c56a2e0

Source file is stored in the law ingest library (json).