NEWFOUNDLAND REGULATION 98/98

CNR 1025/96
as amended

1. (1) Subsection 17(4) of the Workers' Compensation Regulations is repealed and the following substituted:

(4) Where the death of a worker results from an injury which occurs after June 30, 1996, the commission shall pay the expenses for the burial of the worker or a memorial service held for the worker to a maximum of $5000.

(2) Notwithstanding section 4, subsection (1) shall be considered to have come into force on May 28, 1998.

2. The regulations are amended by adding immediately after section 17 the following:

Compensation of surviving spouse

17.1 (1) A surviving spouse who is receiving or has previously received periodic compensation in respect of the death of a worker, regardless of the date of the injury, shall be entitled to a minimum level of compensation from September 1, 1998 payable periodically until

(a) the surviving spouse reaches 65 years of age, where the death of the worker results from an injury which occurred on or before June 30, 1996; or

(b) the date that the deceased worker would have reached 65 years of age, where the death of that worker results from an injury which occurred after June 30, 1996

and after that, a surviving spouse may continue to receive compensation, if payable, according to the system of survivor's benefits applicable to the worker's fatality.

(2) The minimum compensation payable shall be equivalent to $200 per week less

(a) the gross weekly value of a survivor's pension payable to the surviving spouse under the Canada Pension Plan or the Quebec Pension Plan; and

(b) the gross weekly value of a survivor's pension payable to the surviving spouse under an employer-sponsored pension plan that is registered with and certified by the Superintendent of Pensions under the Pensions Benefits Act, 1997 or equivalent federal, provincial or territorial legislation.

(3) The amount payable to a surviving spouse under this section may be reviewed and adjusted to reflect changes in the survivor's pensions payable to the surviving spouse.

(4) To be eligible to receive the minimum compensation a surviving spouse shall provide proof satisfactory to the commission of the receipt or non-receipt of the survivor's pensions referred to in subsection (2).

(5) Notwithstanding subsection (1), a surviving spouse shall not be entitled to the minimum compensation if

(a) he or she was only eligible for lump sum compensation in respect of the death of a worker; or

(b) his or her periodic compensation was terminated for reasons other than the date of birth or age of the surviving spouse, the worker or his or her dependent children.

Commission to pay expenses

17.2 Notwithstanding subsection 17(6), where a worker dies on or after May 28, 1998 as a result of an injury, the commission shall pay the expenses for the burial of the worker or for a memorial service held for the worker to a maximum of $5000.

3. Section 23 of the regulations is amended by adding immediately after the row referring to industrial disease and associated process number 29 the following:

30. Cancer of the esophagus and cancer of the larynx caused by exposure to metal working fluids.

All work involving exposure to the risk concerned.

Commencement

4. These regulations shall be considered to have come into force on September 1, 1998.