Acts and Regulations

W-13 - Workers’ Compensation Act

Full text
Medical aid
2019, c.39, s.7
41(1)The Commission may provide any medical aid that the Commission considers necessary as a result of a worker’s injury by accident to a worker entitled to compensation under this Part, or a worker who would have been entitled to compensation had the worker been disabled for one day.
41(2)The medical aid referred to in subsection (1) shall be
(a) furnished or arranged for by the Commission as it may direct or approve,
(b) subject to the supervision and control of the Commission, and
(c) paid for out of the Accident Fund.
41(2.1)The Commission shall include the costs of providing medical aid in the assessments levied on the employers.
41(3)All questions as to the necessity, character and sufficiency of any medical aid under subsection (1) shall be determined by the Commission in its discretion.
41(4)The fees or charges for such medical aid shall not be more than would be properly or reasonably charged to the worker if he were himself paying the bill, and except in the case of an employer individually liable and himself furnishing the medical aid, the amount thereof shall be fixed and determined by the Commission and no action for any amount larger than that fixed by the Commission lies in respect of any medical aid herein provided for; and no action for the recovery of fees or charges for such medical aid may be brought against the Commission unless application for payment thereof is made in writing to the Commission within ninety days after such medical aid has been completely rendered.
41(5)Except as hereinafter provided in subsection (6), no employer shall, directly or indirectly, collect, receive or demand from any worker any contribution towards the expense of medical aid and every person contravening this provision is liable to an administrative penalty imposed under section 82.1, and also liable, upon the order of the Commission, to reimburse the worker the amount of any amount so collected, received or obtained.
41(6)When an employer has established or hereafter establishes, in connection with any industry carried on by him, an arrangement for furnishing medical aid to his workers that, in the opinion of the Commission, is at least as favourable to the workers as that provided for in subsection (2), the Commission may, after investigating the facts and considering the wishes of both workers and employer approve of such arrangements, and as long as the approval continues, such arrangements may be continued in lieu of the medical aid hereinbefore provided for, and if the injury is within the scope of this Part, the employer shall be entitled to such reimbursement out of the Accident Fund, or to such reduction in his rate of assessment as the Commission shall deem just, but medical aid so furnished or provided shall be subject at all times to the supervision and control of the Commission.
41(7)Employers in any industry in which it is deemed proper may be required by the Commission to maintain as directed by the Commission such first aid appliances and services as the Commission may direct, and the Commission may make such order respecting the expenses thereof as may be deemed just.
41(8)An employer shall furnish to a worker injured in his employment, who is in need of it, immediate conveyance and transportation to a hospital facility or to a physician or to the worker’s home, such transportation to be paid for by the Commission out of the Accident Fund, and any employer failing so to do is liable to an administrative penalty imposed under section 82.1.
41(9)Where in conjunction with or apart from the medical aid to which workers are entitled, free of charge, further or other service or benefit is, or is proposed to be, given or arranged for, any question arising as to whether or to what extent any contribution from workers is or would be prohibited by this Act shall be determined by the Commission.
41(10)Every surgeon, other physician, nurse or nurse practitioner attending, consulted respecting, or having the care of any worker shall furnish to the Commission from time to time without additional charge, such report as may be required by the Commission in respect of the worker.
41(10.1)In subsection (10)
“nurse” means a person who is registered under the laws of the Province as authorized to practice as a nurse;(infirmière)
“nurse practitioner” means a person who is registered under the laws of the Province as authorized to practice as a nurse practitioner.(infirmière praticienne)
41(11)In case of a worker employed as a master, mate, engineer, seaman, sailor, steward or fireman, or in any other capacity on board of any vessel on which duty has been paid or is payable for the purpose of the Sick Mariners’ Fund, under Part V of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1970, the above subsections shall not apply to such worker during the period in respect of which such duty has been paid or is payable.
41(12)Repealed: 2019, c.39, s.7
41(13)Repealed: 2019, c.39, s.7
41(14)Repealed: 2019, c.39, s.7
41(15)Repealed: 2019, c.39, s.7
41(16)Repealed: 2018, c.18, s.2
R.S., c.255, s.38; 1953, c.25, s.27; 1961-62, c.72, s.15; 1965, c.48, s.6; 1975, c.92, s.6; 1980, c.56, s.9; 1981, c.80, s.3, 17; 1992, c.52, s.35; 1994, c.70, s.12; 2002, c.23, s.12; 2018, c.18, s.2; 2019, c.39, s.7
Right of worker to medical aid
41(1)A worker entitled to compensation under this Part, or who would have been entitled to compensation had the worker been disabled for one day, shall be entitled, subject to subsection (3), to medical aid as a result of the accident.
By whom medical aid furnished
41(2)In the industries within the scope of this Part, such medical aid shall be furnished or arranged for by the Commission, as it may direct or approve, and shall be paid for by the Commission out of the Accident Fund, and the necessary amount shall be included in the assessments levied upon the employers.
Necessity, character and sufficiency of medical aid
41(3)All questions as to the necessity, character and sufficiency of any medical aid under subsection (1) shall be determined by the Commission in its discretion.
Fees respecting medical aid
41(4)The fees or charges for such medical aid shall not be more than would be properly or reasonably charged to the worker if he were himself paying the bill, and except in the case of an employer individually liable and himself furnishing the medical aid, the amount thereof shall be fixed and determined by the Commission and no action for any amount larger than that fixed by the Commission lies in respect of any medical aid herein provided for; and no action for the recovery of fees or charges for such medical aid may be brought against the Commission unless application for payment thereof is made in writing to the Commission within ninety days after such medical aid has been completely rendered.
Offence respecting contribution by worker to medical aid
41(5)Except as hereinafter provided in subsection (6), no employer shall, directly or indirectly, collect, receive or demand from any worker any contribution towards the expense of medical and dental aid and every person contravening this provision is, for every contravention liable to a penalty not exceeding fifty dollars and also liable, upon the order of the Commission, to reimburse the worker the amount of any amount so collected, received or obtained.
Provision of medical aid arrangements by employer
41(6)When an employer has established or hereafter establishes, in connection with any industry carried on by him, an arrangement for furnishing medical aid to his workers that, in the opinion of the Commission, is at least as favourable to the workers as that provided for in subsection (2), the Commission may, after investigating the facts and considering the wishes of both workers and employer approve of such arrangements, and as long as the approval continues, such arrangements may be continued in lieu of the medical aid hereinbefore provided for, and if the injury is within the scope of this Part, the employer shall be entitled to such reimbursement out of the Accident Fund, or to such reduction in his rate of assessment as the Commission shall deem just, but medical aid so furnished or provided shall be subject at all times to the supervision and control of the Commission.
Provision of first aid by employer
41(7)Employers in any industry in which it is deemed proper may be required by the Commission to maintain as directed by the Commission such first aid appliances and services as the Commission may direct, and the Commission may make such order respecting the expenses thereof as may be deemed just.
Transportation to medical aid
41(8)An employer shall furnish to a worker injured in his employment, who is in need of it, immediate conveyance and transportation to a hospital facility or to a physician or to the worker’s home, such transportation to be paid for by the Commission out of the Accident Fund, and any employer failing so to do is liable to a penalty not exceeding twenty dollars.
Workers’ contribution to medical aid scheme
41(9)Where in conjunction with or apart from the medical aid to which workers are entitled, free of charge, further or other service or benefit is, or is proposed to be, given or arranged for, any question arising as to whether or to what extent any contribution from workers is or would be prohibited by this Act shall be determined by the Commission.
Furnishing of a medical report
41(10)Every surgeon, other physician, nurse or nurse practitioner attending, consulted respecting, or having the care of any worker shall furnish to the Commission from time to time without additional charge, such report as may be required by the Commission in respect of the worker.
41(10.1)In subsection (10)
“nurse” means a person who is registered under the laws of the Province as authorized to practice as a nurse;(infirmière)
“nurse practitioner” means a person who is registered under the laws of the Province as authorized to practice as a nurse practitioner.(infirmière praticienne)
Sick Mariners’ Fund
41(11)In case of a worker employed as a master, mate, engineer, seaman, sailor, steward or fireman, or in any other capacity on board of any vessel on which duty has been paid or is payable for the purpose of the Sick Mariners’ Fund, under Part V of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1970, the above subsections shall not apply to such worker during the period in respect of which such duty has been paid or is payable.
Duty of worker to take medical examination
41(12)A worker who claims compensation, or to whom compensation is payable under this Act, shall, where requested by the Commission, present himself for examination by a medical consultant or consultants chosen and paid by the Commission.
Reference to medical referee
41(13)The medical practitioner who has examined the worker by direction of the Commission under subsection (12) shall report to the Commission on the condition of the worker and his fitness for employment, specifying where necessary the kind of employment and if unfit, the cause of such unfitness.
Certificate of medical referee
41(14)The medical practitioner who has examined the worker under subsection (12) shall provide in each case a copy of his report to the worker’s attending physician.
When Commission may diminish or suspend compensation
41(15)The Commission may in its discretion diminish the compensation to which a worker is entitled or suspend payment of the compensation in any of the following circumstances:
(a) the worker does not attend or participate in an examination when required to do so by the Commission under subsection (12) or obstructs the examination;
(b) the worker does not attend or participate in medical treatment or a rehabilitation program when the Commission considers it necessary for the worker’s treatment or rehabilitation; or
(c) the worker persists in dangerous and unsanitary practices imperilling or impeding the rehabilitation of the worker.
Repealed
41(16)Repealed: 2018, c.18, s.2
R.S., c.255, s.38; 1953, c.25, s.27; 1961-62, c.72, s.15; 1965, c.48, s.6; 1975, c.92, s.6; 1980, c.56, s.9; 1981, c.80, s.3, 17; 1992, c.52, s.35; 1994, c.70, s.12; 2002, c.23, s.12; 2018, c.18, s.2
Right of worker to medical aid
41(1)A worker entitled to compensation under this Part, or who would have been so entitled had he been disabled for one day shall be entitled to such medical aid as is necessary as a result of the accident.
By whom medical aid furnished
41(2)In the industries within the scope of this Part, such medical aid shall be furnished or arranged for by the Commission, as it may direct or approve, and shall be paid for by the Commission out of the Accident Fund, and the necessary amount shall be included in the assessments levied upon the employers.
Necessity, character and sufficiency of medical aid
41(3)All questions as to the necessity, character and sufficiency of any medical aid furnished or to be furnished shall be determined by the Commission.
Fees respecting medical aid
41(4)The fees or charges for such medical aid shall not be more than would be properly or reasonably charged to the worker if he were himself paying the bill, and except in the case of an employer individually liable and himself furnishing the medical aid, the amount thereof shall be fixed and determined by the Commission and no action for any amount larger than that fixed by the Commission lies in respect of any medical aid herein provided for; and no action for the recovery of fees or charges for such medical aid may be brought against the Commission unless application for payment thereof is made in writing to the Commission within ninety days after such medical aid has been completely rendered.
Offence respecting contribution by worker to medical aid
41(5)Except as hereinafter provided in subsection (6), no employer shall, directly or indirectly, collect, receive or demand from any worker any contribution towards the expense of medical and dental aid and every person contravening this provision is, for every contravention liable to a penalty not exceeding fifty dollars and also liable, upon the order of the Commission, to reimburse the worker the amount of any amount so collected, received or obtained.
Provision of medical aid arrangements by employer
41(6)When an employer has established or hereafter establishes, in connection with any industry carried on by him, an arrangement for furnishing medical aid to his workers that, in the opinion of the Commission, is at least as favourable to the workers as that provided for in subsection (2), the Commission may, after investigating the facts and considering the wishes of both workers and employer approve of such arrangements, and as long as the approval continues, such arrangements may be continued in lieu of the medical aid hereinbefore provided for, and if the injury is within the scope of this Part, the employer shall be entitled to such reimbursement out of the Accident Fund, or to such reduction in his rate of assessment as the Commission shall deem just, but medical aid so furnished or provided shall be subject at all times to the supervision and control of the Commission.
Provision of first aid by employer
41(7)Employers in any industry in which it is deemed proper may be required by the Commission to maintain as directed by the Commission such first aid appliances and services as the Commission may direct, and the Commission may make such order respecting the expenses thereof as may be deemed just.
Transportation to medical aid
41(8)An employer shall furnish to a worker injured in his employment, who is in need of it, immediate conveyance and transportation to a hospital facility or to a physician or to the worker’s home, such transportation to be paid for by the Commission out of the Accident Fund, and any employer failing so to do is liable to a penalty not exceeding twenty dollars.
Workers’ contribution to medical aid scheme
41(9)Where in conjunction with or apart from the medical aid to which workers are entitled, free of charge, further or other service or benefit is, or is proposed to be, given or arranged for, any question arising as to whether or to what extent any contribution from workers is or would be prohibited by this Act shall be determined by the Commission.
Furnishing of a medical report
41(10)Every surgeon, other physician, nurse or nurse practitioner attending, consulted respecting, or having the care of any worker shall furnish to the Commission from time to time without additional charge, such report as may be required by the Commission in respect of the worker.
41(10.1)In subsection (10)
“nurse” means a person who is registered under the laws of the Province as authorized to practice as a nurse;(infirmière)
“nurse practitioner” means a person who is registered under the laws of the Province as authorized to practice as a nurse practitioner.(infirmière praticienne)
Sick Mariners’ Fund
41(11)In case of a worker employed as a master, mate, engineer, seaman, sailor, steward or fireman, or in any other capacity on board of any vessel on which duty has been paid or is payable for the purpose of the Sick Mariners’ Fund, under Part V of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1970, the above subsections shall not apply to such worker during the period in respect of which such duty has been paid or is payable.
Duty of worker to take medical examination
41(12)A worker who claims compensation, or to whom compensation is payable under this Act, shall, where requested by the Commission, present himself for examination by a medical consultant or consultants chosen and paid by the Commission.
Reference to medical referee
41(13)The medical practitioner who has examined the worker by direction of the Commission under subsection (12) shall report to the Commission on the condition of the worker and his fitness for employment, specifying where necessary the kind of employment and if unfit, the cause of such unfitness.
Certificate of medical referee
41(14)The medical practitioner who has examined the worker under subsection (12) shall provide in each case a copy of his report to the worker’s attending physician.
Refusal to submit to medical referee
41(15)If a worker does not submit himself for examination when required to do so by the Commission as provided by subsection (12) or in any way obstructs such examination, his right to compensation or if he is in receipt of weekly or other periodical payment his right to it, shall be suspended until such examination has taken place.
Unsanitary practices
41(16)The Commission may also in its discretion diminish the compensation to which a worker is entitled or suspend payment thereof whenever the worker persists in dangerous and unsanitary practices imperilling or retarding his cure, or whenever he refuses to submit to such medical treatment and surgical aid as the Commission may deem necessary for his cure.
R.S., c.255, s.38; 1953, c.25, s.27; 1961-62, c.72, s.15; 1965, c.48, s.6; 1975, c.92, s.6; 1980, c.56, s.9; 1981, c.80, s.3, 17; 1992, c.52, s.35; 1994, c.70, s.12; 2002, c.23, s.12
Right of worker to medical aid
41(1)A worker entitled to compensation under this Part, or who would have been so entitled had he been disabled for one day shall be entitled to such medical aid as is necessary as a result of the accident.
By whom medical aid furnished
41(2)In the industries within the scope of this Part, such medical aid shall be furnished or arranged for by the Commission, as it may direct or approve, and shall be paid for by the Commission out of the Accident Fund, and the necessary amount shall be included in the assessments levied upon the employers.
Necessity, character and sufficiency of medical aid
41(3)All questions as to the necessity, character and sufficiency of any medical aid furnished or to be furnished shall be determined by the Commission.
Fees respecting medical aid
41(4)The fees or charges for such medical aid shall not be more than would be properly or reasonably charged to the worker if he were himself paying the bill, and except in the case of an employer individually liable and himself furnishing the medical aid, the amount thereof shall be fixed and determined by the Commission and no action for any amount larger than that fixed by the Commission lies in respect of any medical aid herein provided for; and no action for the recovery of fees or charges for such medical aid may be brought against the Commission unless application for payment thereof is made in writing to the Commission within ninety days after such medical aid has been completely rendered.
Offence respecting contribution by worker to medical aid
41(5)Except as hereinafter provided in subsection (6), no employer shall, directly or indirectly, collect, receive or demand from any worker any contribution towards the expense of medical and dental aid and every person contravening this provision is, for every contravention liable to a penalty not exceeding fifty dollars and also liable, upon the order of the Commission, to reimburse the worker the amount of any amount so collected, received or obtained.
Provision of medical aid arrangements by employer
41(6)When an employer has established or hereafter establishes, in connection with any industry carried on by him, an arrangement for furnishing medical aid to his workers that, in the opinion of the Commission, is at least as favourable to the workers as that provided for in subsection (2), the Commission may, after investigating the facts and considering the wishes of both workers and employer approve of such arrangements, and as long as the approval continues, such arrangements may be continued in lieu of the medical aid hereinbefore provided for, and if the injury is within the scope of this Part, the employer shall be entitled to such reimbursement out of the Accident Fund, or to such reduction in his rate of assessment as the Commission shall deem just, but medical aid so furnished or provided shall be subject at all times to the supervision and control of the Commission.
Provision of first aid by employer
41(7)Employers in any industry in which it is deemed proper may be required by the Commission to maintain as directed by the Commission such first aid appliances and services as the Commission may direct, and the Commission may make such order respecting the expenses thereof as may be deemed just.
Transportation to medical aid
41(8)An employer shall furnish to a worker injured in his employment, who is in need of it, immediate conveyance and transportation to a hospital facility or to a physician or to the worker’s home, such transportation to be paid for by the Commission out of the Accident Fund, and any employer failing so to do is liable to a penalty not exceeding twenty dollars.
Workers’ contribution to medical aid scheme
41(9)Where in conjunction with or apart from the medical aid to which workers are entitled, free of charge, further or other service or benefit is, or is proposed to be, given or arranged for, any question arising as to whether or to what extent any contribution from workers is or would be prohibited by this Act shall be determined by the Commission.
Furnishing of a medical report
41(10)Every surgeon, other physician, nurse or nurse practitioner attending, consulted respecting, or having the care of any worker shall furnish to the Commission from time to time without additional charge, such report as may be required by the Commission in respect of the worker.
41(10.1)In subsection (10)
“nurse” means a person who is registered under the laws of the Province as authorized to practice as a nurse;
“nurse practitioner” means a person who is registered under the laws of the Province as authorized to practice as a nurse practitioner.
Sick Mariners’ Fund
41(11)In case of a worker employed as a master, mate, engineer, seaman, sailor, steward or fireman, or in any other capacity on board of any vessel on which duty has been paid or is payable for the purpose of the Sick Mariners’ Fund, under Part V of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1970, the above subsections shall not apply to such worker during the period in respect of which such duty has been paid or is payable.
Duty of worker to take medical examination
41(12)A worker who claims compensation, or to whom compensation is payable under this Act, shall, where requested by the Commission, present himself for examination by a medical consultant or consultants chosen and paid by the Commission.
Reference to medical referee
41(13)The medical practitioner who has examined the worker by direction of the Commission under subsection (12) shall report to the Commission on the condition of the worker and his fitness for employment, specifying where necessary the kind of employment and if unfit, the cause of such unfitness.
Certificate of medical referee
41(14)The medical practitioner who has examined the worker under subsection (12) shall provide in each case a copy of his report to the worker’s attending physician.
Refusal to submit to medical referee
41(15)If a worker does not submit himself for examination when required to do so by the Commission as provided by subsection (12) or in any way obstructs such examination, his right to compensation or if he is in receipt of weekly or other periodical payment his right to it, shall be suspended until such examination has taken place.
Unsanitary practices
41(16)The Commission may also in its discretion diminish the compensation to which a worker is entitled or suspend payment thereof whenever the worker persists in dangerous and unsanitary practices imperilling or retarding his cure, or whenever he refuses to submit to such medical treatment and surgical aid as the Commission may deem necessary for his cure.
R.S., c.255, s.38; 1953, c.25, s.27; 1961-62, c.72, s.15; 1965, c.48, s.6; 1975, c.92, s.6; 1980, c.56, s.9; 1981, c.80, s.3, 17; 1992, c.52, s.35; 1994, c.70, s.12; 2002, c.23, s.12