Acts and Regulations

W-13 - Workers’ Compensation Act

Section 7
Disposition versions

Full text
When compensation payable
7(0.1)The following definitions apply in this section.
“aggravation” , with respect to an injury by accident, means a permanent clinical effect of the injury on a pre-existing disease or condition.(aggravation)
“exacerbation” , with respect to an injury by accident, means a temporary clinical effect of the injury on a pre-existing disease or condition.(exacerbation)
7(1)When personal injury or death is caused to a worker by accident arising out of and in the course of his employment in an industry within the scope of this Part, compensation shall be paid to that worker or his dependents, as the case may be, as hereinafter provided, unless the accident was, in the opinion of the Commission, intentionally caused by him, or was wholly or principally due to intoxication or serious or wilful misconduct on the part of the worker and did not result in the death or serious and permanent disability of the worker.
7(2)When the accident arose out of the employment, in the absence of any evidence to the contrary, it shall be presumed that it occurred in the course of the employment, and when the accident occurred in the course of employment, in the absence of any evidence to the contrary, it shall be presumed that it arose out of the employment.
7(2.1)Where there is any evidence that an accident did not arise out of or in the course of the employment, the Commission shall weigh all the evidence before it and determine, on a preponderance of evidence, whether the accident arose out of or in the course of the employment, as the case may be.
7(3)When a worker is engaged in work part of which is to be performed in this Province and part in another province or country, the work shall be considered as done and performed in this Province, and the worker or his dependents are entitled to be paid compensation under this Part and the employer shall include that worker in his payroll submitted to the Commission, and notify the Commission that one or more worker included in such payroll may be so engaged, but if the employer fails to include such worker in his payroll and notify the Commission accordingly, he shall be individually liable for the payment of the compensation to the injured worker or his dependents, as the case may be, unless it can be shown that the worker is entitled to compensation under a compensation Act of the other province or country.
7(4)Repealed: 1981, c.80, s.8
7(5)When a personal injury by accident arising out of and in the course of employment exacerbates or aggravates a pre-existing disease or condition, compensation that the Commission determines is reasonably attributable to the injury caused by the accident shall be payable, and not for the natural progression of the pre-existing disease or condition.
7(6)The compensation allowed under subsection (5) shall be borne by the fund referred to in section 66 for that portion of the compensation, as determined by the Commission, that relates to the aggravation of the pre-existing disease or condition.
R.S., c.255, s.6; 1961-62, c.72, s.3, 4; 1980, c.56, s.4; 1981, c.80, s.3, 8; 1989, c.65, s.3; 1992, c.34, s.2; 1994, c.70, s.12; 2018, c.18, s.2
When compensation payable
7(1)When personal injury or death is caused to a worker by accident arising out of and in the course of his employment in an industry within the scope of this Part, compensation shall be paid to that worker or his dependents, as the case may be, as hereinafter provided, unless the accident was, in the opinion of the Commission, intentionally caused by him, or was wholly or principally due to intoxication or serious or wilful misconduct on the part of the worker and did not result in the death or serious and permanent disability of the worker.
Presumption respecting accident
7(2)When the accident arose out of the employment, in the absence of any evidence to the contrary, it shall be presumed that it occurred in the course of the employment, and when the accident occurred in the course of employment, in the absence of any evidence to the contrary, it shall be presumed that it arose out of the employment.
Standard of proof
7(2.1)Where there is any evidence that an accident did not arise out of or in the course of the employment, the Commission shall weigh all the evidence before it and determine, on a preponderance of evidence, whether the accident arose out of or in the course of the employment, as the case may be.
Work deemed carried out in province
7(3)When a worker is engaged in work part of which is to be performed in this Province and part in another province or country, the work shall be considered as done and performed in this Province, and the worker or his dependents are entitled to be paid compensation under this Part and the employer shall include that worker in his payroll submitted to the Commission, and notify the Commission that one or more worker included in such payroll may be so engaged, but if the employer fails to include such worker in his payroll and notify the Commission accordingly, he shall be individually liable for the payment of the compensation to the injured worker or his dependents, as the case may be, unless it can be shown that the worker is entitled to compensation under a compensation Act of the other province or country.
Repealed
7(4)Repealed: 1981, c.80, s.8
Aggravation of disease by injury
7(5)Where a personal injury by accident aggravates a pre-existing disease or condition,
(a) compensation shall be allowed without regard to the pre-existing disease or condition if the pre-existing disease or condition did not cause any disability affecting the worker in the worker’s employment before the accident; and
(b) compensation shall be allowed only to the extent that the personal injury by accident has aggravated the pre-existing disease or condition if the pre-existing disease or condition caused any disability affecting the worker in the worker’s employment before the accident.
Aggravation of disease by injury
7(6)The compensation allowed under paragraph (5)(a) shall be borne by the fund referred to in section 66.
R.S., c.255, s.6; 1961-62, c.72, s.3, 4; 1980, c.56, s.4; 1981, c.80, s.3, 8; 1989, c.65, s.3; 1992, c.34, s.2; 1994, c.70, s.12
When compensation payable
7(1)When personal injury or death is caused to a worker by accident arising out of and in the course of his employment in an industry within the scope of this Part, compensation shall be paid to that worker or his dependents, as the case may be, as hereinafter provided, unless the accident was, in the opinion of the Commission, intentionally caused by him, or was wholly or principally due to intoxication or serious or wilful misconduct on the part of the worker and did not result in the death or serious and permanent disability of the worker.
Presumption respecting accident
7(2)When the accident arose out of the employment, in the absence of any evidence to the contrary, it shall be presumed that it occurred in the course of the employment, and when the accident occurred in the course of employment, in the absence of any evidence to the contrary, it shall be presumed that it arose out of the employment.
Standard of proof
7(2.1)Where there is any evidence that an accident did not arise out of or in the course of the employment, the Commission shall weigh all the evidence before it and determine, on a preponderance of evidence, whether the accident arose out of or in the course of the employment, as the case may be.
Work deemed carried out in province
7(3)When a worker is engaged in work part of which is to be performed in this Province and part in another province or country, the work shall be considered as done and performed in this Province, and the worker or his dependents are entitled to be paid compensation under this Part and the employer shall include that worker in his payroll submitted to the Commission, and notify the Commission that one or more worker included in such payroll may be so engaged, but if the employer fails to include such worker in his payroll and notify the Commission accordingly, he shall be individually liable for the payment of the compensation to the injured worker or his dependents, as the case may be, unless it can be shown that the worker is entitled to compensation under a compensation Act of the other province or country.
Repealed
7(4)Repealed: 1981, c.80, s.8
Aggravation of disease by injury
7(5)Where a personal injury by accident aggravates a pre-existing disease or condition,
(a) compensation shall be allowed without regard to the pre-existing disease or condition if the pre-existing disease or condition did not cause any disability affecting the worker in the worker’s employment before the accident; and
(b) compensation shall be allowed only to the extent that the personal injury by accident has aggravated the pre-existing disease or condition if the pre-existing disease or condition caused any disability affecting the worker in the worker’s employment before the accident.
Aggravation of disease by injury
7(6)The compensation allowed under paragraph (5)(a) shall be borne by the fund referred to in section 66.
R.S., c.255, s.6; 1961-62, c.72, s.3, 4; 1980, c.56, s.4; 1981, c.80, s.3, 8; 1989, c.65, s.3; 1992, c.34, s.2; 1994, c.70, s.12