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As regards occupational diseases the Canadian Provinces followed the compensation law of Great Britain which originally included the following diseases and processes:
TABLE 37.-OCCUPATIONAL DISEASE SCHEDULE OF BRITISH WORKMEN'S COMPENSATION LAW OF 1906.
Lead poisoning or its sequelae..
Handling of wool, hair, bristles, hides, and skins.
Any process involving the use of lead or its preparations or compounds.
Any process involving the use of mercury or its preparations or compounds.
Any process involving the use of phosphorus or its preparations
Any process involving the use of arsenic or its preparations or
Manitoba and British Columbia adopted verbatim the British act of 1906; Alberta and Ontario added miners' phthisis to the original list; while Nova Scotia added the three following diseases: Subcutaneous cellulitis of the hand (miners' beat hand), subcutaneous cellulitis over the patella (miners' beat knee), and acute bursitis over the elbow (miners' beat elbow). New Brunswick did not adopt the British schedule, but grants compensation benefits for all occupational diseases, as determined by the board, contracted in industries within the scope of the act. Quebec and Yukon do not compensate for occupational diseases.
However, the foregoing diseases are compensable only if they are due to the nature of any employment in which the workman was employed at any time within one year previous to the date of disability. Compensation shall be payable in the first instance by the last employer. The latter, however, may recover from other employers whose employment had within the year contributed to the contraction of the disease.
With the exception of Yukon Territory none of the Canadian compensation laws have a waiting period of over one week. In two Provinces the waiting time is only three days. Furthermore, in most of the Provinces compensation when payable begins from the date of the injury. Table 38 shows the waiting period for each Province:
TABLE 38.-WAITING PERIOD OF CANADIAN COMPENSATION LAWS.
The compensation benefits of the Canadian laws are about on a par with the more liberal American acts. The scale of benefits is considerably lower, but on the other hand, the periods for which benefits are paid are much longer, compensation usually being paid during disability or until death or remarriage of the widow. In case of death the usual provision is a fixed monthly pension of $20 to the widow, with an additional $5 a month for each child, but not over $40 in all. In case of disability the usual compensation is 55 per cent of the employee's earnings, to be paid during disability. Table 39 shows the per cent of wages paid as compensation, maximum weekly or monthly payments, and maximum period and amount of compensation payable in case of death, permanent total disability, and partial disability.
TABLE 39.-PER CENT OF WAGES PAID AS COMPENSATION, MAXIMUM WEEKLY OR MONTHLY PAYMENTS, AND MAXIMUM PERIOD AND AMOUNT OF COMPENSATION PAYABLE IN CASE OF DEATH, PERMANENT TOTAL DISABILITY, AND PARTIAL DIS ABILITY.
The provisions relative to weekly or monthly maximums differ widely as between death and disability. In case of death the monthly maximum is usually $40 (Ontario, $60) but not over 55 per cent of the employee's wages. In case of total disability the weekly maximum amounts range from $13.20 in Nova Scotia to $22 in British Columbia, Manitoba, and Ontario. The Quebec and Yukon laws make no provision in this regard.
Compensation benefits in case of death are not based upon wages. Instead, all of the Provinces except Quebec and Yukon provide a fixed monthly pension of $20 for the widow ($30 in Ontario) with an additional $5 for each child ($7.50 in Ontario). Payments to the children cease at 16 years and to the widow upon death or remarriage, except that in the latter event she is paid a lump sum equal to two years' compensation.. Two of the above Provinces have a maximum limit; in Alberta this limit is $2,500 and in New Brunswick $3,500. Under the Quebec law the death benefits are four years' earnings of the deceased employee (maximum, $2,500), while the Yukon law provides a flat sum of $2,500. In addition to the compensation benefits most of the Provinces provide also for burial expenses, the maximum allowance usually being $75.
In all of the Provinces (except Yukon) compensation for total disability accidents continues during disability and in case of permanent disability during the life of the injured workman. Three Provinces, however, provide a maximum limit---Alberta and Quebec $2,500 and New Brunswick $3,500. In five Provinces (British Columbia, Manitoba, New Brunswick, Nova Scotia, and Ontario) the amount of compensation is 55 per cent of the employee's wages, subject to weekly maximum and minimum limits. In Quebec the percentage is 50, while in Alberta the amount is not based upon wages, a weekly pension (maximum $16, minimum $10) being provided instead.
The Canadian method of compensating partial disability accidents differs widely from the popular American method. Most of the laws in the United States contain a schedule of specified partial disabilities for which benefits are awarded for stated periods, the weekly payments being based upon a percentage of wages earned at the time of the injury. In Canada all of the Provinces except Alberta and Yukon base the amount of compensation upon the wage loss or impairment of earning capacity, payments continuing during disability. The workmen's compensation boards have authority to formulate partial disability schedules in which the loss of earning capacity of the various disabilities is expressed in percentages of total disability. The age and occupation of the injured workman are usually taken into consideration in determining his impairment of earning capacity. One of these Provinces, however, has a maximum limit-New Brunswick $1,500. Alberta and Yukon have adopted the Washington method and provide fixed amounts for certain specified injuries.
Although none of the early Canadian acts provided medical or surgical service in the present acceptation of the term, some of the Provinces have recently made provision therefor. Table 40 shows for each Province the amount of medical and surgical aid and the conditions under which it is furnished:
TABLE 40.-MEDICAL SERVICE PROVIDED UNDER CANADIAN COMPENSATION LAWS.
Maximum amount, and other qualifications.
Reasonable expenses of last sickness in fatal cases involving no dependents; in other
Such service as reasonably necessary; transportation included; special provision
Such special medical and surgical treatment as will conserve the accident fund and
Reasonable service for 30 days in compensable injury cases; additional treatment if necessary to reduce disability; special provision for seamen; approved establishment benefit schemes permitted.
Necessary service in compensable injury cases; transportation included; approved establishment benefit schemes permitted.
NONRESIDENT ALIEN DEPENDENTS.
With the exception of Quebec all of the Provinces grant compensation to nonresident alien dependents but with certain qualifications and restrictions. In Alberta, the law provides that it shall be conclusively presumed that a workman, two years after his arrival in Canada, has no nonresident dependents other than his parents-one year after his arrival in case the workman is not of British nationality. In British Columbia nonresident alien dependents are entitled to compensation, but the board may award such lesser sum as will, according to the conditions and cost of living in the place of residence of such dependents, maintain them in a like degree of comfort as dependents of the same class, residing in Canada and receiving the full amount of compensation, would enjoy. In the other five Provinces (Manitoba, New Brunswick, Nova Scotia, Ontario, and Yukon) a nonresident alien dependent shall not be entitled to compensation unless by the law of the country in which he resides the dependents of a workman to whom an accident happens in such country, if resident in Canada, would be entitled to compensation. Moreover, the amount of compensation shall not be greater than that granted under the foreign law. Furthermore, in Manitoba and Ontario, nonresident enemy aliens are excluded entirely from the benefits of the act. Ontario also denies compensation to a resident of a country "voluntarily withdrawn from alliance with the British Empire during the Great War, or of a country in default of establish
ing peaceful and harmonious relations with the British Empire." The Quebec law does not grant compensation to nonresident alien dependents.
In all of the Provinces except Quebec and Yukon, which have the court type of law, the administration of the compensation acts is under workmen's compensation boards. The members of the boards are appointed by the lieutenant governor and hold office during good behavior, except that in British Columbia the term of office is 10 years. In four 5 of the Provinces, however, the commissioners are subject to compulsory retirement at the age of 75. Each board is authorized to appoint its officers and employees and to fix their salaries. The term of office of such employees is subject to the pleasure of the board.
The boards have final and exclusive jurisdiction over all compensation matters, no appeal to the courts being permitted except in New Brunswick and Nova Scotia. In these two Provinces appeal may be had to the supreme court upon questions of law, but only with the permission of the judge of said court.
Of the six Canadian Provinces having administrative compensation boards, the British Columbia board is the only one which has statutory jurisdiction over accident-prevention work. In all of the other Provinces this function is performed by other State or private agencies. The Alberta and Manitoba compensation laws made no provision for accident prevention at all, while the laws of New Brunswick, Nova Scotia, and Ontario authorize employers' associations to undertake this work, with a rather loose supervision by the workmen's compensation board.
'Manitoba, New Brunswick, Nova Scotia, and Ontario.