BILL 10

Special Payment to Certain Dependent Spouses of Deceased Workers Act

Chapter Outline

Definitions 1

Accident Fund - caisse des accidents

Act - Loi

Commission - Commission

Special payment 2

Eligibility 3

Jurisdiction of Commission 4

Payment set off against judgment 5

Payment in lieu of other rights 6

Regulations 7

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions

1 In this Act

"Accident Fund" means the Accident Fund defined in the Workplace Health, Safety and Compensation Commission Act; (caisse des accidents)

"Act" means the Workers' Compensation Act; (Loi)

"Commission" means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Commission Act. (Commission)

Special payment

2(1) Notwithstanding anything in the Act, the Commission shall make a one-time payment of $80,000 out of the Accident Fund to each person who

(a) applies to the Commission in writing,

(b) meets the eligibility requirements in section 3, and

(c) provides the Commission with a release in the form prescribed by regulation.

2(2) No interest is payable by the Commission on a payment made under subsection (1).

Eligibility

3(1) Subject to subsection (2), a person is eligible to receive a payment under section 2 if

(a) before April 17, 1985, the person received benefits under the Act as the dependent spouse of a deceased worker,

(b) the benefits referred to in paragraph (a) ceased to be paid as a result of

(i) the person's remarriage before April 17, 1985, or

(ii) the person cohabiting in a conjugal relationship with another person before April 17, 1985,

(c) the person is living when the payment is applied for under paragraph 2(1)(a), and

(d) the person applies for the payment under paragraph 2(1)(a) on or before September 30, 2001.

3(2) A person who is otherwise eligible under subsection (1), is not eligible to receive a payment under section 2 if the person has commenced an action, application or other proceeding with respect to the cessation of his or her benefits unless

(a) the action, application or proceeding is discontinued, or

(b) the person obtains a judgment or decision with respect to the action, application or proceeding before applying under paragraph 2(1)(a).

Jurisdiction of Commission

4(1) A person's eligibility under section 3 shall be determined by the Commission on the basis of any relevant information received from the person, contained in the records of the Commission or obtained by the Commission from any other source.

4(2) Sections 21 to 23 of the Workplace Health, Safety and Compensation Commission Act apply, with the necessary modifications, to a determination by the Commission under section 3.

Payment set off against judgment

5 If a person who is eligible to receive a payment under section 2 has obtained a judgment or decision with respect to the cessation of benefits referred to in paragraph 3(1)(b), the payment under section 2 shall be reduced by the amount the person received under the judgment or decision, exclusive of costs.

Payment in lieu of other rights

6 The right to a payment under section 2 is in lieu of all other rights, including a right of action to which a person may be entitled as a result of the cessation of benefits referred to in paragraph 3(1)(b) and no action lies, shall be instituted or shall be continued with respect to a payment under section 2.

Regulations

7 The Lieutenant-Governor in Council may make regulations:

(a) prescribing forms;

(b) generally for the better administration of this Act.