Amendments to the Workers' Compensation Act (Nova Scotia)
5-Jan-1999

The amended Workers' Compensation Act has received Royal Assent.  Of particular interest to employers are the following amendments:

Payment of Assessment Premiums -  By the end of this year the Board must implement a procedure to collect assessments periodically based on actual, rather than estimated, payroll.

Third-party claims -   Workers injured on the job by a third party (that is, other than the employer, its servants or agents) may now elect to sue that third party in court for damages or claim compensation from the Board.

Workers’ Compensation Board Policies - The Workers’ Compensation Appeals Tribunal (WCAT) may now refuse to apply Board policies that are inconsistent with the Act or the regulations.  Moreover, only Board policies that benefit workers may be applied retroactively.

Appeals -  The reconsideration stage which follows the first decision-making stage has been eliminated.  Hearing officers must render their decisions within 60 days of the completion of the hearing.  

The WCAT must rule within 60 days of the completion of the oral hearing or, where no oral hearing is held, the date on which it received all submissions.  

A further amendment to come into force by October 1999 will require that the WCAT render a final decision in all outstanding appeals within one year.

Waiting Period - The so-called deductible or waiting period has been eliminated.  Employers no longer have to withhold an amount equal to two fifths of an injured worker’s weekly pay before that person can begin to receive benefits.  Now, eligibility is acquired upon inability to continue working for a period during which the injured worker would have received pay equal to two fifths of his or her net average weekly compensation. 

The information contained in this Client Update is intended for general information only.  Please contact any member of our Labour and Employment Law Group in Halifax for additional information about these or the other changes to the Workers' Compensation Act:

Stewart McKelvey Stirling Scales
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1959 Upper Water Street
P.O. Box 997
Halifax NS B3J 2X2

Telephone: 902.420.3200
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