Presumptive Disability Law in Manitoba

Presumptive Health Initiative

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;
  11. multiple myeloma;
  12. a primary site prostate cancer;
  13. a primary site skin cancer; or
  14. a primary site breast cancer;
  15. a primary site thyroid cancer;
  16. a primary site pancreatic cancer;
  17. a primary site ovarian cancer;
  18. a primary site cervical cancer; or
  19. a primary site penile 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.

4.1(1) The following definitions apply in this section.

“emergency response worker” means

  1. a full-time firefighter, a part-time firefighter or OFC personnel as those terms are defined in subsection 4(5.1);
  2. an emergency medical response technician as defined in The Emergency Medical Response and Stretcher Transportation Act; or
  3. a police officer as defined in The Police Services Act.

“post-traumatic stress disorder” means an anxiety disorder that develops after exposure to a traumatic event or experience with symptoms that may include flashbacks, nightmares and intense feelings of fear or horror.

“presumption of PTSD” means the presumption of post-traumatic stress disorder established in subsection (2).

DISEASE  MINIMUM PERIOD OF EMPLOYMENT (CUMULATIVE) 
Primary site brain cancer  10 years 
Primary site bladder cancer  15 years 
Primary site kidney cancer  20 years 
Primary non-Hodgkin’s lymphoma  20 years 
Primary leukemia  5 years 
Primary site colorectal cancer  15 years 
Primary site ureter cancer  15 years 
Primary site lung cancer  15 years 
Primary site esophageal cancer  25 years 
Primary site testicular cancer  10 years 
Multiple myeloma  15 years 
Primary site prostate cancer  15 years 
Primary site skin cancer  15 years 
Primary site breast cancer  10 years 
Primary site thyroid cancer  10 years 
Primary site pancreatic cancer  10 years 
Primary site ovarian cancer  10 years 
Primary site cervical cancer  10 years 
Primary site penile cancer  15 years 

 

No minimum period as non-smoker applies

3(1) 
For the purpose of subsection 4(5.4) of the Act (additional requirement re lung cancer), where a worker has smoked, in the worker’s lifetime,

  1. less than 365 cigarettes;
  2. less than 365 cigars;
  3. less than 365 pipes; or
  4. less than 365 cigarettes, cigars and pipes;

there is no minimum period of time for which a worker must have been a non-smoker immediately before the day of the accident.

Minimum period as non-smoker

3(2)  
Subject to subsection (1), the minimum period of time for which a worker has been a non-smoker

  1. of cigarettes immediately before the day of the accident is the following:
    NUMBER OF CIGARETTES SMOKED  MINIMUM PERIOD OF TIME AS NON-SMOKER (CONSECUTIVE) 
    less than 7 per week  6 years 
    1 to 9 per day  6 years 
    10 to 19 per day  13 years 
    20 per day  18 years 
    21 to 39 per day  23 years 
    40 or more per day  28 years 
  2. of cigars or pipes immediately before the day of the accident is the following:
    NUMBER OF CIGARS OR PIPES SMOKED  MINIMUM PERIOD OF OF TIME AS NON-SMOKER (CONSECUTIVE) 
    More than 1 cigar or pipe per day  8 years 

Worker smoked cigarettes with cigars or pipes

3(3) 
Subject to subsection (1), if a worker has smoked cigarettes in combination with cigars or pipes, the minimum period of time is determined using the table in clause (2)(a).

Presumption re post-traumatic stress disorder — emergency response workers

4.1(2)
If a worker who is or has been an emergency response worker suffers from post-traumatic stress disorder, the disorder must be presumed to be an occupational disease the dominant cause of which is the employment as an emergency response worker, unless the contrary is proven.

Effective date of presumption

4.1(3)
The presumption of PTSD applies to post-traumatic stress disorder diagnosed on or after a date prescribed by regulation.

Conditions and restrictions

4.1(4)
The presumption of PTSD is subject to any conditions or restrictions set out in regulations made under clause (5)(a).

Regulations

4.1(5)
The Lieutenant Governor in Council may make regulations

  1. prescribing conditions and restrictions relating to the presumption of PTSD, including conditions and restrictions related to nature of employment, length of employment, time during which the worker was employed or age of the worker;
  2. prescribing a date for the purpose of subsection 4.1(3) (effective date of presumption), which may be retroactive;
  3. respecting any transitional matters or difficulties that may be encountered in bringing this section into effect.