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Workers' Compensation Act (amended)

BILL NO. 151

(as introduced)

4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012

Government Bill

Workers' Compensation Act

The Honourable Marilyn More
Minister responsible for the Workers' Compensation Act

First Reading: November 27, 2012

(Explanatory Note)

Second Reading: November 29, 2012

Third Reading: December 4, 2012 (LINK TO BILL AS PASSED)

Explanatory Note

This Bill amends the Workers' Compensation Act so that a coal miner who receives a permanent-impairment benefit pursuant to Section 35 may only have the benefit increased and not reduced on review pursuant to clause 71(1)(a).

An Act to Amend Chapter 10
of the Acts of 1994-95,
the Workers' Compensation Act

Be it enacted by the Governor and Assembly as follows:

1 Section 35 of Chapter 10 of the Acts of 1994-95, the Workers' Compensation Act, is amended by

(a) adding "(1)" immediately after the Section number; and

(b) adding the following subsection:

(2) Notwithstanding clause 71(1)(a), the Board may only adjust its determination of the amount of compensation payable as a permanent-impairment benefit to a coal miner who qualifies for compensation pursuant to subsection (1) if there is, in the Board's opinion, an increase in the coal miner's loss of lung function that was not taken into account at the most recent determination of the coal miner's permanent-impairment rating.

2 This Act has effect on and after June 23, 2011.


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