Workers Compensation And Asbestos In Ontario

Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

DOWNLOAD NOW!

Download or read book Workers' compensation for asbestos related disease in five Canadian provinces written by and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Degree of certainty required for the decision: the burden of proof In all jurisdictions studied, the issue of causation is evaluated on the basis of the balance of probabilities. [...] The purpose of legislative presumptions with regard to occupational illness is to relieve the worker (and the Tribunal) from the obligation of canvassing the scientific literature, because to do so defeats the purpose of the policy decision to recognize disease claims when the conditions of the presumptions apply19. [...] In case of doubt, these presumptions should be interpreted in favour of the claimant, according to the Supreme Court of Canada, who approved the dissenting judgement in the Québec Court of Appeal in the case of Succession Guillemette v. J. M. Asbestos inc.20. [...] Section 6(3) provides that, if the worker at or immediately before the date of the disablement was employed in a process or industry mentioned in the second column of Schedule B, and the disease contracted is the disease in the first column of the schedule set opposite to the description of the process, the disease is deemed to have been due to the nature of that employment unless the contrary is [...] In Newfoundland, s. 90(3.1) of the Act provides that if the worker "at or immediately before the date of the disablement was employed in a process involving asbestos, [and] is suffering from the industrial disease known as asbestosis, the disease shall be conclusively considered to have been due to the nature of that employment".