Effective date: June 1, 2014
Application: All decisions made on claims on and after the effective date, where a worker is found dead.
Policy subject: Decision making - Principles
To establish guidelines for applying presumptive clauses in fatalities.
Found dead refers to the situation where there are no witnesses to the occurrence or circumstances of a death. Finding a person a few minutes after being seen alive would normally not constitute being “found.”
In the absence of such strong evidence, allowing for rebuttal of the presumption, the WCB will accept the claim.
(1) POL and PRO 16/2010, Fatalities, Presumption (effective May 1, 2010 to May 31, 2014).
(2) POL 10/2002, Fatalities – Presumption (effective January 1, 2003 to April 30, 2010).
(3) Bill 72, The Workers’ Compensation Amendment Act, 2002.
(3) POL and PRO 09/1999, Fatalities – Presumption (effective May 17, 1999 to December 31, 2002).
(4) POL 34/83, Fatalities Presumption Clauses (effective July 7, 1983 to May 16, 1999).
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