Occupational diseases to be deemed accidents
134.(1) Where a worker suffers from an occupational disease and is thereby impaired or his or her death is caused by an occupational disease and the disease is due to the nature of any employment in which the worker was engaged, whether under one or more employments, the worker is or his or her dependants are entitled to compensation as if the disease was a personal injury by accident and the impairment was the happening of the accident, subject to the modifications hereinafter mentioned or contained in the regulations, unless at the time of entering into the employment the worker has wilfully and falsely represented in writing as not having previously suffered from the disease. R.S.O. 1990, c. W.11, s. 134 (1); 1994, c. 24, s. 31 (1) . By whom compensation payable (2) Where the compensation is payable by an employer individually, it is payable by the employer who last employed the worker in the employment to the nature of which the disease was due. Names of former employers to be furnished by claimants (3) The worker or his or her dependants, if so required, shall furnish the employer mentioned in subsection (2) with such information as to the names and addresses of all the other employers by whom the worker was employed in the employment to the nature of which the disease was due as such worker or his or her dependants may possess, and, if such information is not furnished or is not sufficient to enable that employer to take the proceedings mentioned in subsection (4), that employer upon proving that the disease was not contracted while the worker was in the employer’s employment is not liable to pay compensation. Last employer may bring in former employers (4) If the employer alleges that the disease was in fact contracted while the worker was in the employment of some other employer, the employer may bring such other employer before the Board and, if the allegation is proved, that other employer is the employer by whom the compensation shall be paid. Where disease result of gradual process (5) If the disease is of such a nature as to be contracted by a gradual process, any other employers who employed the worker in the employment to the nature of which the disease was due are liable to make to the employer by whom the compensation is payable such contributions as the Board may determine to be just. Fixing of compensation (6) The amount of the compensation shall be fixed with reference to the average earnings of the worker as calculated under the provisions of section 40, but for the purposes of this section, where a worker is no longer engaged in the trade, occupation, profession or calling to which the disease is due, the Board may determine his or her average earnings at an amount that it considers fair and equitable having regard to the average earnings of a fully qualified person engaged in the same trade, occupation, profession or calling to which the disease is due during the twelve months prior to the commencement of disability, but not in any case exceeding the maximum amount of average earnings upon which a loss of earnings may be calculated under section 38. Notice (7) The notice provided for by section 22 shall be given to the employer who last employed the worker in the employment to the nature of which the disease was due and the notice may be given even if the worker has voluntarily left the employment. Charging compensation to particular classes (8) Where the compensation is payable out of the accident fund, the Board shall make such investigation as it considers necessary to ascertain the class or classes against which the compensation should be charged and shall charge or apportion the compensation accordingly. Presumption (9) If the worker at or before the date of the disablement was employed in any process mentioned in the second column of Schedule 3 and the disease contracted is the disease in the first column of the Schedule set out opposite to the description of the process, the disease shall be deemed to have been due to the nature of that employment unless the contrary is proved. Idem (10) If the worker at or before the date of the disablement was employed in any process mentioned in the second column of Schedule 4 and the disease contracted is the disease in the first column of the Schedule set out opposite to the description of the process, the disease shall be conclusively deemed to have been due to the nature of the employment. Remuneration and expenses of medical officers (11) The Board may pay the remuneration and expenses of such medical officers as may be required to carry out the provisions of the regulations under the Occupational Health and Safety Act for the examination of workers or applicants for employment in a mine or mining plant, out of the rates imposed under this Act for payment of silicosis claims. Condition upon which compensation granted (12) Nothing in this Act entitles a worker or his or her dependants to compensation, health care or payment of burial expenses for impairment or death from silicosis unless the worker has been actually exposed to silica dust in his or her employment in Ontario for periods amounting in all to at least two years preceding his or her impairment. Agreements for cost sharing (13) Despite any other provision of this Act, the Board may enter into an agreement with the appropriate authority in any jurisdiction in Canada to provide for the apportionment of the costs of the claims for industrial diseases for workers who have had exposure employment in more than one Canadian jurisdiction. Agreements for sharing costs of industrial noise claims (14) Despite any other provision in this Act, the Board may enter into an agreement with the appropriate authority in any other province or territory of Canada to provide for the sharing of costs of industrial noise induced hearing loss claims in proportion to the actual or estimated amount of exposure in Ontario to industrial noise which contributed to the hearing loss. Saving (15) Nothing in this section affects the right of a worker to compensation in respect of a disease to which this section does not apply if the disease is the result of an injury in respect of which the worker is entitled to compensation under this Part. Extension of section to pneumoconiosis, etc. (16) The provisions of this section relating to silicosis apply with necessary modifications to pneumoconiosis and stone worker’s or grinder’s phthisis. R.S.O. 1990, c. W.11, s. 134 (2-16). Additional occupational disease (17) The Board, subject to the approval of the Lieutenant Governor in Council, may declare any disease to be an occupational disease and may amend Schedule 3 or 4 accordingly. R.S.O. 1990, c. W.11, s. 134 (17); 1994, c. 24, s. 31 (2). Formation of Associations and Committees