A-3 - Workers’ Compensation Act

Section 111 Disposition versions

2002-04-01

111. (1)  Where an occupational disease disables a worker or causes his death, the beneficiary is entitled to the benefits provided for under this Act, as if the disease were a bodily injury by accident and the disablement were the happening of an accident, subject to the following provisions: no benefit may be paid if the worker, at the time of entering into the employment, had wilfully and falsely represented himself in writing as not having previously suffered from the disease. The beneficiary’s claim must be presented within six months of the date when it is medically established and brought to his attention that he is suffering from an occupational disease, or of the date of his death therefrom, as the case may be.

(2)  Where a benefit for an occupational disease is payable by an employer individually, it is payable by the employer who last employed the worker in the employment during which the disease began.

(3)  The beneficiary, if so required, shall furnish the employer mentioned in subsection 2 with such information as he possesses with respect to the names and addresses of the other employers for whom he worked in the employment to the nature of which the disease was due; if such information is not furnished or is not sufficient to enable that employer to take the proceedings mentioned in subsection 4, that employer, upon proving that the disease was not contracted while the worker was in his employ, is not liable to pay any benefit.

(4)  If the last employer alleges that the disease was in fact contracted while the worker was in the employ of some other employer, he may bring such employer before the Commission, or a person designated by it, and if the allegation is proved, the Commission may order the latter employer to pay the benefit.

(5)  If the disease is such as to be contracted and to develop gradually, all the other employers who employed the worker in employment of the nature to produce the disease are liable to pay to the employer by whom the benefit is payable such proportion or contribution as the Commission may determine to be just.

(6)  The amount of the indemnity shall be fixed with reference to the income of the worker under the employer by whom the indemnity is payable, and the notice provided for by section 21 shall be given to the last employer of the worker who gave him work of a nature to produce the disease.

The notice in a case under this subsection may be given notwithstanding that the worker has voluntarily left the employment.

If a worker has left an employment during which his disease had begun more than one year previously, the amount of the indemnity is fixed in accordance with the second paragraph of subsection 2 of section 46.

(7)  Where the benefits are payable out of the accident fund, the Commission shall make such investigation as it deems necessary to ascertain the unit or class of units or sector of economic activity against which the benefits should be charged and act accordingly.

(8)  If the worker, at or immediately before the date of the disablement, was employed in any process mentioned in the second column of Schedule D or in the regulations, and the disease contracted is the disease in the first column of the schedule or of the regulations opposite the description of such process, the disease is presumed to have been due to the nature of that process. In other cases, it must be established to the satisfaction of the Commission that the disease was caused by the nature of the process in which the worker was employed.

But no benefit is payable under this Act unless the worker has been a resident of Québec for the three years preceding his claim, except where the Commission is satisfied that the disease is not due to any other cause than his employment within Québec.

(9)  In the case of a disease not provided for in Schedule D or the regulations, this section applies if the beneficiary establishes, to the satisfaction of the Commission, that the disease was contracted out of or in the course of work done by the worker for an employer and that it is characteristic of that work or directly linked to the particular risks thereof.

(10)  In the case of a disease not provided for by Schedule D or the regulations, subsection 1 applies if the worker’s disease is caused by an injury resulting from an accident which gives him the right to a benefit under this Act.

R. S. 1964, c. 159, s. 105; 1978, c. 57, s. 1, s. 61; 1979, c. 63, s. 266.

1980-01-10

111. (1)  Where an occupational disease disables a worker or causes his death, the beneficiary is entitled to the benefits provided for under this act, as if the disease were a bodily injury by accident and the disablement were the happening of an accident, subject to the following provisions: no benefit may be paid if the worker, at the time of entering into the employment, had wilfully and falsely represented himself in writing as not having previously suffered from the disease. The beneficiary’s claim must be presented within six months of the date when it is medically established and brought to his attention that he is suffering from an occupational disease, or of the date of his death therefrom, as the case may be.

(2)  Where a benefit for an occupational disease is payable by an employer individually, it is payable by the employer who last employed the worker in the employment during which the disease began.

(3)  The beneficiary, if so required, shall furnish the employer mentioned in subsection 2 with such information as he possesses with respect to the names and addresses of the other employers for whom he worked in the employment to the nature of which the disease was due; if such information is not furnished or is not sufficient to enable that employer to take the proceedings mentioned in subsection 4, that employer, upon proving that the disease was not contracted while the worker was in his employ, is not liable to pay any benefit.

(4)  If the last employer alleges that the disease was in fact contracted while the worker was in the employ of some other employer, he may bring such employer before the Commission, or a person designated by it, and if the allegation is proved, the Commission may order the latter employer to pay the benefit.

(5)  If the disease is such as to be contracted and to develop gradually, all the other employers who employed the worker in employment of the nature to produce the disease are liable to pay to the employer by whom the benefit is payable such proportion or contribution as the Commission may determine to be just.

(6)  The amount of the indemnity shall be fixed with reference to the income of the worker under the employer by whom the indemnity is payable, and the notice provided for by section 21 shall be given to the last employer of the worker who gave him work of a nature to produce the disease.

The notice in a case under this subsection may be given notwithstanding that the worker has voluntarily left the employment.

If a worker has left an employment during which his disease had begun more than one year previously, the amount of the indemnity is fixed in accordance with the second paragraph of subsection 2 of section 46.

(7)  Where the benefits are payable out of the accident fund, the Commission shall make such investigation as it deems necessary to ascertain the unit or class of units or sector of economic activity against which the benefits should be charged and act accordingly.

(8)  If the worker, at or immediately before the date of the disablement, was employed in any process mentioned in the second column of Schedule D or in the regulations, and the disease contracted is the disease in the first column of the schedule or of the regulations opposite the description of such process, the disease is deemed to have been due to the nature of that process unless the contrary is proved. In other cases, it must be established to the satisfaction of the Commission that the disease was caused by the nature of the process in which the worker was employed.

But no benefit is payable under this act unless the worker has been a resident of Québec for the three years preceding his claim, except where the Commission is satisfied that the disease is not due to any other cause than his employment within Québec.

(9)  In the case of a disease not provided for in Schedule D or the regulations, this section applies if the beneficiary establishes, to the satisfaction of the Commission, that the disease was contracted out of or in the course of work done by the worker for an employer and that it is characteristic of that work or directly linked to the particular risks thereof.

(10)  In the case of a disease not provided for by Schedule D or the regulations, subsection 1 applies if the worker’s disease is caused by an injury resulting from an accident which gives him the right to a benefit under this act.

R. S. 1964, c. 159, s. 105; 1978, c. 57, s. 1, s. 61; 1979, c. 63, s. 266.

1979-01-01

111. (1)  Where an occupational disease disables a worker or causes his death and the disease is due to the nature of any employment in which he was engaged at any time within twelve months previous to the date of his disablement, whether under one or more employments, the beneficiary shall be entitled to the benefits provided for under this act, as if the disease were a bodily injury by accident and the disablement were the happening of an accident, subject to the modifications hereinafter mentioned; no benefit may be paid if the worker, at the time of entering into the employment, had wilfully and falsely represented himself in writing as not having previously suffered from the disease.

(2)  Where a benefit for an occupational disease is payable by an employer individually, it shall be payable by the employer who last employed the worker during the twelve months mentioned in subsection 1 of this section, in the employment to which the disease was due.

(3)  The beneficiary, if so required, shall furnish the employer mentioned in subsection 2 of this section, with such information as they possess with respect to the names and addresses of all the other employers for whom he worked in the employment to the nature of which the disease was due during the preceding twelve months; and if such information is not furnished or is not sufficient to enable that employer to take the proceedings mentioned in subsection 4 of this section, that employer, upon proving that the disease was not contracted while the worker was in his employ, shall not be liable to pay a benefit.

(4)  If the last employer alleges that the disease was in fact contracted while the worker was in the employ of some other employer, he may bring such employer before the Commission and if the allegation is proved, the Commission may order that the latter pay the benefit.

(5)  If, due to the nature of the process, the disease is such as to be contracted and to develop gradually, all the other employers who during the preceding twelve months employed the worker in employment of the nature to produce the disease shall be liable to pay to the employer by whom the benefit is payable such proportion or contribution as the Commission may determine to be just.

(6)  The amount of the indemnity shall be fixed with reference to the earnings of the worker under the employer by whom the indemnity is payable, and the notice provided for by section 21 shall be given to the last employer of the worker during such twelve months, who gave him work of a nature to produce the disease; and the notice in such case may be given notwithstanding that the worker has voluntarily left the employment.

(7)  Where the benefits are payable out of the accident fund, the Commission shall make such investigation as it deems necessary to ascertain the unit or class of units or sector of economic activity against which the benefits should be charged and act accordingly.

(8)  If the worker, at or immediately before the date of the disablement, was employed in any process mentioned in the second column of Schedule D and the disease contracted is the disease in the first column of the schedule set opposite to the description of such process, the disease shall be deemed to have been due to the nature of that process unless the contrary is proved. In the other cases, it must be established to the satisfaction of the Commission that the disease was caused by the nature of the process in which the worker was employed.

But no benefit shall be payable under this section unless the worker has been a resident continuously of Québec for three years next preceding his first disablement, except in the case where the Commission is satisfied that the disease is not due to any other cause than his employment within Québec.

(9)  The foregoing provisions shall in no way affect the rights of a worker in respect of a disease not provided for in this section, if the disease is the result of an accident which entitles him to benefit under this act.

R. S. 1964, c. 159, s. 105; 1978, c. 57, s. 1, s. 61.

1977-12-31

111. (1)  When an industrial disease disables a workman from earning full wages at the work at which he was employed or causes his death and the disease is due to the nature of any employment in which he was engaged at any time within twelve months previous to the date of his disablement, whether under one or more employments, the workman or his dependants shall be entitled to compensation under this act, as if the disease were a bodily injury by accident and the disablement were the happening of an accident, subject to the modifications hereinafter mentioned; but no compensation shall be paid if the workman, at the time of entering into the employment, had wilfully and falsely represented himself in writing as not having previously suffered from the disease.

(2)  Where compensation for an industrial disease is payable by an employer individually, it shall be payable by the employer who last employed the workman during the twelve months mentioned in subsection 1 of this section, in the employment to which the disease was due.

(3)  The workman or his dependants, if so required, shall furnish the employer mentioned in subsection 2 of this section, with such information as they possess with respect to the names and addresses of all the other employers for whom he worked in the employment to the nature of which the disease was due during the preceding twelve months; and if such information is not furnished or is not sufficient to enable that employer to take the proceedings mentioned in subsection 4 of this section, that employer, upon proving that the disease was not contracted while the workman was in his employ, shall not be liable to pay compensation.

(4)  If the last employer alleges that the disease was in fact contracted while the workman was in the employ of some other employer, he may bring such employer before the Commission and if the allegation is proved, the Commission may order that the latter pay the compensation.

(5)  If, due to the nature of the process, the disease is such as to be contracted and to develop gradually, all the other employers who during the preceding twelve months employed the workman in employment of the nature to produce the disease shall be liable to pay to the employer by whom the compensation is payable such proportion or contribution as the Commission may determine to be just.

(6)  The amount of the compensation shall be fixed with reference to the earnings of the workman under the employer by whom the compensation is payable, and the notice provided for by section 21 shall be given to the last employer of the workman during such twelve months, who gave him work of a nature to produce the disease; and the notice in such case may be given notwithstanding that the workman has voluntarily left the employment.

(7)  Where the compensation is payable out of the accident fund, the Commission shall make such investigation as it deems necessary to ascertain the class or classes of industries against which the compensation should be charged and act accordingly.

(8)  If the workman, at or immediately before the date of the disablement, was employed in any process mentioned in the second column of Schedule D and the disease contracted is the disease in the first column of the schedule set opposite to the description of such process, the disease shall be deemed to have been due to the nature of that process unless the contrary is proved. In the other cases, it must be established to the satisfaction of the Commission that the disease was caused by the nature of the process in which the workman was employed.

But no compensation shall be payable under this section unless the workman has been a resident continuously of Québec for three years next preceding his first disablement, except in the case where the Commission is satisfied that the disease is not due to any other cause than his employment within Québec.

(9)  The foregoing provisions shall in no way affect the rights of a workman in respect of a disease not provided for in this section, if the disease is the result of an accident which entitles him to compensation under this act.

R. S. 1964, c. 159, s. 105.