Health care, etc., during impairment
50.(1) Every worker who is entitled to compensation under this Part or who would have been so entitled had the worker been disabled beyond the day of the accident is entitled, (a) to such health care as may be necessary as a result of the injury; (b) to make the initial choice of doctor or other qualified practitioner for the purposes of this section; (c) where, in the opinion of the Board, the worker is rendered helpless through permanent total impairment, to such other treatment, services or attendance as may be necessary as a result of the injury. Definition (2) In this Act, “health care” means medical, surgical, optometrical and dental aid, the aid of drugless practitioners under the Drugless Practitioners Act, the aid of chiropodists under the Chiropody Act, hospital and skilled nursing services, such artificial members and such appliances or apparatus as may be necessary as a result of the injury and the replacement or repair thereof when deemed necessary by the Board. Payment for repair of artificial member or apparatus, etc. (3) The Board may pay and, where the employer is individually liable, the Board may order the employer to pay, (a) for the replacement or repair of an artificial member or apparatus of a worker that is damaged as a result of an accident in the employment; and (b) on application, an allowance not exceeding $368 a year for the replacement or repair of clothing worn or damaged by reason of the wearing of a lower limb prosthesis or a back brace for a permanent back impairment or a permanent leg brace, and not exceeding $184 a year in respect of an upper limb prosthesis where the lower or upper limb prosthesis, back brace or permanent leg brace is supplied by the Board, and where the worker is unable to work because of the damage referred to in clause (a), he or she is entitled to compensation as though the inability to work had been caused by a personal injury within the meaning of subsection 4(1). Payment for health care (4) Health care shall be furnished or arranged for by the Board or as it may direct or approve and, (a) in the industries in Schedule 1, shall be paid for out of the accident fund and the necessary amount shall be included in the assessments levied upon the employers; and (b) in the industries in Schedule 2, the amount shall be paid by the employer of the injured worker to the Board for payment. Accidents on or after Jan. 1st, 1915 (5) A worker is entitled to such health care as may be necessary, for an accident happening on or after the 1st day of January, 1915. Questions to be determined by Board (6) All questions as to the necessity, character and sufficiency of any health care furnished or to be furnished and as to payment for health care shall be determined by the Board. Amount of charges for health care (7) The fees or charges for health care shall not be more than would be properly and reasonably charged to the worker if the worker was paying them, and the amount thereof shall be determined by the Board, and no action for any amount larger than that determined by the Board under this subsection lies against the Board and no action in respect of such fees and charges lies against the injured worker, his or her employer or any other person. Rendering of accounts for health care (8) Where accounts for payment of health care are not received by the Board within such time as the Board may prescribe, the Board may impose such penalty by way of a percentage reduction in the amount of the account as it may prescribe. R.S.O. 1990, c. W.11, s. 50 (1-8). (9) Repealed: 1995, c. 5, s. 5. First-aid appliances may be directed by Board (10) Employers in industries in which it is considered proper may be required by the Board to maintain as may be directed by the Board such first-aid appliances and service as the Board may direct, and the Board may make such order respecting the expense thereof as may be considered just. Duty of employer to furnish transportation (11) Every employer shall at the employer’s own expense furnish to any worker injured in the employer’s employment, who is in need of it, immediate conveyance and transportation to a hospital or a physician, located within the area or within a reasonable distance of the place of injury, or to the worker’s home, and any employer failing so to do is liable, on order of the Board, to pay for such conveyance and transportation as may be procured by the worker or by anyone for the worker, or as may be provided by the Board. Further health care (12) Where, in conjunction with or apart from the health care to which workers are entitled free of charge, further or other service or benefit is, or is proposed to be, given or arranged for, any question arising as to whether or to what extent any contribution from workers is or would be one prohibited by this Act shall be determined by the Board. R.S.O. 1990, c. W.11, s. 50 (10-12). Medical Reports