Manitoba Hansard — 40 4 b035e.php

40-4 b035e.php

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Home → Legislative Business → Bills → 40-4

Status of bills in this Session.

4th Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 35

THE WORKERS COMPENSATION AMENDMENT ACT (PRESUMPTION RE POST-TRAUMATIC STRESS DISORDER AND OTHER AMENDMENTS)

Bilingual version (PDF)

Explanatory Note

(Assented to )

WHEREAS workers in any occupation or workplace could face a traumatic event or series of events that can cause post-traumatic stress disorder (PTSD);

AND

WHEREAS the government recognizes the leadership of several professions and their labour representatives for advocating for legislation that identifies PTSD as an occupational disease for presumptive workers compensation coverage, including nurses, firefighters, first responders and other front line workers;

AND

WHEREAS if the event or events that cause PTSD occur in the workplace, PTSD should be presumed to be an occupational disease to better support affected workers by simplifying the claims adjudication process for workers compensation benefits;

AND

WHEREAS the government is committed to continuing to strengthen workplace health and safety and to protect workers and their families;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. W200 amended

The Workers Compensation Act is amended by this Act.

Subsection 1(1) is amended

(

a) in the definition "occupational disease", by striking out " or " at the end of clause (a), adding" or " at the end of clause (

b) and adding the following after clause (b):

(b.1) that trigger post-traumatic stress disorder;

(

b) by adding the following

definitions:

" Diagnostic and Statistical Manual of Mental Disorders " means the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; (« Manuel diagnostique et statistique des troubles mentaux »)

"post-traumatic stress disorder" means Posttraumatic Stress Disorder as that condition is described in the Diagnostic and Statistical Manual of Mental Disorders ; (« trouble de stress post-traumatique »)

"psychologist" means an individual registered as a psychologist under The Psychologists Registration Act or under equivalent legislation in another jurisdiction in Canada; (« psychologue »)

The following is added after subsection 4(5.7):

Presumption re post-traumatic stress disorder

4(5.8)

If a worker

(

a) is exposed to a traumatic event or events of a type specified in the Diagnostic and Statistical Manual of Mental Disorders as a trigger for post-traumatic stress disorder; and

(

b) is diagnosed with post-traumatic stress disorder by a physician or psychologist;

the post-traumatic stress disorder must be presumed to be an occupational disease the dominant cause of which is the employment, unless the contrary is proven.

Effective date of presumption re post-traumatic stress disorder

4(5.9)

The presumption in subsection (5.8) applies to a worker who is diagnosed with post-traumatic stress disorder on or after the day that subsection comes into force.

Section 19.2 is amended by renumbering it as subsection 19.2(1) and adding the following as subsection 19.2(2):

Offence and administrative penalty

19.2(2)

A person who contravenes this

section commits an offence and is subject to an administrative penalty under subsection 109.7(1).

Subsection 60.11(1) is amended by striking out " March 31 " and substituting " April 30 ".

Section 70 is amended by striking out " March 31 " and substituting " April 30 ".

Section 71.1 is amended by striking out " March 31 " and substituting " April 30 ".

Subsection 109.7(1) is amended by adding the following after clause (h):

(h.1)section 19.2 (requirement to post notices);

Coming into force

This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

Under The Workers Compensation Act , certain injuries are presumed to be caused by a worker's employment. This Bill extends that presumption to workers who are exposed to events that trigger post-traumatic stress disorder.

A penalty is added for persons who fail to post notices as required by the board.

The filing date for the annual report of the Workers Compensation Board, the Board's five-year plan and the appeal commission's annual report is extended from March 31 to April 30.

Document details

Collection	Manitoba — Debates (Hansard)
Citation	40-4 b035e.php
Type	bill
Volume / chapter	40 4 b035e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	2ae6ff826fd88c48a71689d1e1544995c606bcff

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