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Statutes of Newfoundland 1995


CHAPTER 19

CHAPTER 19

AN ACT TO AMEND THE WORKERS'
COMPENSATION ACT

(Assented to December 21, 1995)

Analysis

1. S.81.2 Added
Additional payments

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN1990 cW-11 as amended

1. The Workers' Compensation Act is amended by adding immediately after section 81.1 the following:

Additional payments

81.2 (1) Notwithstanding section 81.1, an employer may pay an amount in excess of the amount that the worker, as a result of an injury, is receiving as compensation, either under this Act or as if the worker were a worker within the scope of this Act, where

(a) the worker was injured prior to January 1, 1993 and was in receipt of compensation, either under this Act or as if the worker were a worker within the scope of this Act, for 39 continuous weeks or more for that injury on December 31, 1992; and

(b) the worker has been in receipt of that compensation continuously from December 31, 1992.

(2) Notwithstanding subsection (1), a payment shall not be made to a worker under that subsection where the worker is receiving extended earnings loss benefits as defined by the Board of Directors under section 5.

(3) The amount paid by an employer in excess of the amount that the worker, as a result of an injury, is receiving as compensation, either under this Act or as if the worker were a worker within the scope of this Act, shall not be greater than the difference between the amount paid as compensation on December 31, 1992, either under this Act or as if the worker were a worker within the scope of this Act, and the net earnings that the worker would have been receiving on December 31, 1992 if the worker had been working on that date.

(4) Notwithstanding section 81, in fixing the amount of a weekly or monthly payment, the commission shall not have regard to payments made by an employer under this section.

(5) This section is considered to have come into force on January 1, 1995.

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