Manitoba Hansard — 43 2 b024e.php

43-2 b024e.php

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Home → Legislative Business → Bills → 43-2

Status of bills in this Session.

2nd Session, 43rd 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 24

THE WORKERS COMPENSATION AMENDMENT ACT

Bilingual version (PDF)

Explanatory Note

(Assented to )

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

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

1 The Workers Compensation Act is amended by this Act.

2 Subsection 30(1) is amended, in the part before clause (a), by striking out " clause 29(1)(

a) and this

section " and substituting " clause 29(1)(a), this

section and

section 30.1 ".

3 The following is added after

section 30:

Lump sum payment where no spouse or common-law partner

30.1 If, on or after the day this

section comes into force, an accident results in the death of a worker who has no spouse or common-law partner entitled to compensation under subclause 29(1)(a)(i), an amount equal to the lump sum that would have been payable under that subclause shall instead be paid to the estate of the worker or to such person as the board may determine.

4 The following is added after subsection 60(4):

Benefit of doubt — worker or dependant

60(4.1) When making a decision on an issue that affects a worker's or dependant's claim for compensation under this Part, if the board is of the opinion that the evidence supporting each side of the issue is evenly balanced, the board must resolve the issue in favour of the worker or dependant.

Benefit of doubt — employer

60(4.2) When making a decision on an issue that affects an employer's assessment under this Part, if the board is of the opinion that the evidence supporting each side of the issue is evenly balanced, the board must resolve the issue in favour of the employer.

Benefit of doubt — conflict

60(4.3) In the event of a conflict between subsections (4.1) and (4.2), subsection (4.1) prevails.

5 Subsection 60.11(1) is replaced with the following:

Annual report of appeal commission

60.11(1) Not later than May 31 of each year, the appeal commission must provide to the minister its annual report for the immediately preceding year generally describing the performance of its duties under this Act.

Coming into force

6 This Act comes into force on the day it receives royal assent.

Explanatory Note

The Workers Compensation Act is amended as follows.

If a worker who dies as a result of a workplace injury does not have a current or former spouse or common-law partner, the lump sum that would have been paid to such a spouse is instead paid to the worker's estate or to another person determined by the Workers Compensation Board.

If the evidence is evenly balanced in a proceeding before the board, the board must give the benefit of the doubt to

a worker or dependant when deciding an issue affecting their claim for compensation; and

an employer when deciding an issue affecting their assessment.

The deadline for the appeal commission to submit its annual report to the minister is extended from April 30 to May 31.

Document details

Collection	Manitoba — Debates (Hansard)
Citation	43-2 b024e.php
Type	bill
Volume / chapter	43 2 b024e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	67238e463138cc447ecafded161f0af478a4489e

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