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Presumptive Disability Law in Northwest Territories
 
CODE PART:
 

WORKERS’ COMPENSATION ACT
PART 2 - COMPENSATION

Northwest Territories Legislative Website
 
 
DESCRIPTION:
 
14. Presumptions
The presumptions in this section apply to entitlement to compensation, unless the contrary is proven on a balance of probabilities.
  1. Presumption of occurrence: A personal injury, disease or death that arises out of a worker’s employment is presumed to have occurred during the course of his or her employment.
  2. Presumption of causation: A personal injury, disease or death that occurs during the course of a worker’s employment is presumed to arise out of his or her employment.
  3. Presumption respecting death: The death of a worker is presumed to have arisen out of his or her employment if the worker is found dead at the place where the worker would be during the course of the employment.
  4. Presumption of disease: A disease is presumed to have arisen out of a worker’s employment and to have occurred during the course of that employment if
    1. the worker is disabled by the disease;
    2. the worker has been exposed to conditions during the employment that might reasonably have caused the disease; and
    3. the exposure to the conditions in paragraph (b) occurred at any time during the 12 months preceding the disability.

S.N.W.T. 2010,c.11,s.2.

Definitions

14.1.
  1. In this section, "firefighter" means a worker who
    1. is engaged in fighting fires as a full-time, part-time or volunteer member of a fire department, and
    2. does not exclusively fight forest fires;

    "listed disease" means any of the following diseases:
    1. cardiac arrest within 24 hours after attendance at an emergency response,
    2. multiple myeloma,
    3. primary leukemia,
    4. primary non-Hodgkin’s lymphoma,
    5. primary site brain cancer,
    6. primary site colo-rectal cancer,
    7. primary site lung cancer,
    8. primary site prostate cancer,
    9. primary site skin cancer,
    10. primary site testicular cancer.
  2. Presumption for firefighters: Notwithstanding section 14 and subject to subsection (3), a listed disease is presumed to have arisen out of a worker’s employment and to have occurred during the course of that employment if
    1. the worker is disabled by the listed disease; and
    2. the worker is or has been a firefighter for the minimum period of employment prescribed in the regulations.
  3. Smokers: Where the listed disease is primary site lung cancer, the presumption referred to in subsection (2) does not apply unless the worker has been a non-smoker before the date of the disability for the minimum period prescribed in the regulations.

S.N.W.T. 2010,c.11,s.3.
 
 
 
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