Logout Login | Contact Us


Presumptive Disability Law in Manitoba
 
CODE PART:
 
C.C.S.M. c. W200 The Workers Compensation Act

Manitoba Legislative Website
 
 
DESCRIPTION:
 
Presumption re cancer and fire fighters

4(5.2)
If a worker who is or has been a full-time fire fighter or part-time fire fighter suffers an injury that is
  1. a primary site brain cancer;
  2. a primary site bladder cancer;
  3. a primary site kidney cancer;
  4. a primary non-Hodgkin's lymphoma;
  5. a primary leukemia;
  6. a primary site colorectal cancer;
  7. a primary site ureter cancer; or
  8. a primary site lung cancer;
  9. a primary site testicular cancer;
  10. a primary site esophageal cancer;
the injury must be presumed to be an occupational disease the dominant cause of which is the employment as a fire fighter, unless the contrary is proven.

Application of presumption re cancer

4(5.3)
The presumption in subsection (5.2) applies to a worker
  1. who has been employed as a full-time fire fighter or part-time fire fighter for a minimum period prescribed by the Lieutenant Governor in Council by regulation; and
  2. who has been regularly exposed to the hazards of a fire scene, other than a forest-fire scene, throughout that period of employment.
Additional requirement re lung cancer

4(5.4)
In addition to the requirements of subsection (5.3), the presumption for a primary site lung cancer applies only to a worker who has been a non-smoker immediately before the day of the accident for a minimum period of time prescribed by the Lieutenant Governor in Council by regulation.

Effective date of presumption re cancer

4(5.5)
The presumption in subsection (5.2) applies to accidents that happen to
  1. full-time fire fighters on or after January 1, 1992; or
  2. part-time fire fighters on or after the day this subsection comes into force.
Presumption re heart injury to fire fighters

4(5.6)
If a worker who is a full-time fire fighter or part-time fire fighter suffers an injury to the heart within 24 hours after attendance at an emergency response, the injury must be presumed to be an accident arising out of and in the course of the employment, unless the contrary is proven.
 
 
 
Back to Menu    Back to Diseases Back to Cancer
 
 

© 2017 - IAFF