Acts and Regulations

W-13 - Workers’ Compensation Act

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Occupational diseases
85(1)Where a worker suffers from an occupational disease and is thereby disabled or his death is caused by an occupational disease and the disease is due to the nature of any employment in which he was engaged, whether under one or more employments, the worker is or his dependents are entitled to compensation as if the disease was a personal injury by accident and the disablement was the happening of the accident, unless at the time of entering into the employment he wilfully and falsely represented himself in writing as not having previously suffered from the disease.
85(1.1)Where a disablement is caused by occupational disease, the date of the accident shall be deemed to be the date of the disablement.
85(2)Where the Commission is not satisfied that the occupational disease is due to employment within the Province, no compensation shall be payable under this section.
85(3)Nothing in this section shall affect the right of a worker 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 Part.
85(4)The Commission may from time to time by order in writing require any worker in any employment to undergo medical examination for the purpose of determining whether such worker is affected with an occupational disease, or, if so affected, the progress of such disease.
85(5)Whenever any worker required under authority of this section to undergo medical examination fails or refuses so to do, the employer of such worker shall not continue or maintain such worker in his employ until such worker has undergone the medical examination so required.
85(6)An employer who violates the provisions of subsection (5) is guilty of an offence and liable to a fine not exceeding fifty dollars.
85(7)The Commission may by action recover from the employer of a worker all or any portion of costs incurred for or in connection with a medical examination of such worker under authority of this section.
R.S., c.255, s.79; 1980, c.56, s.16; 1981, c.80, s.3; 1989, c.65, s.25; 1992, c.34, s.19; 1994, c.70, s.12