NEWFOUNDLAND REGULATION 137/97

Workers' Compensation Regulations (Amendment)
under the
Workers' Compensation Act
(O.C. 97-713)

(Filed December 2, 1997)

Under the authority of the Workers' Compensation Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John's, November 26, 1997.

John R. Cummings
for the Clerk of the Executive Council

REGULATION

Analysis

CNR 1025/96

1. Section 18 of the Workers' Compensation Regulations is amended by adding immediately after subsection (1) the following:

(1.1) Notwithstanding subsection (1), a person who is in receipt of compensation as the result of the death of a previous spouse is entitled to receive the compensation payable as a result of the death of his or her current spouse where the present value of that compensation exceeds the present value of the compensation he or she is receiving, calculated by the commission as of the date of death of the current spouse.

(1.2) Where compensation is paid under subsection (1.1), compensation being paid as a result of the death of a previous spouse shall cease.

(1.3) Where compensation is not paid under subsection (1.1) compensation being paid as a result of the death of a previous spouse continues where the person continues to be entitled to receive it and the commission may pay the amount specified in the applicable regulation for burial or memorial expenses.

Commencement

2. This regulation shall be considered to have come into force on January 1, 1993.