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HAVING FORCE OF LAW
RULES RELATING TO "THE WORKMEN'S COMPENSATION ACT, 1910.”
WINNIPEG, MANITOBA :
PRINTED BY THE TELEGRAM JO PRINTERS LIMITED, FOR JAMES HOOPER,
Made by the Board of County Court Judges, for the purpose of determining and regulating the procedure and practice under
pursuant to the provisions of section 3 of the second schedule appended to said Act, which came into force the first day of January, 1911
Rule 1. (1) The following rules shall have effect under Effect, short "The Workmen's Compensation Act, 1910" (in these rules mencement, referred to as the Act), with reference to any matter or pro- tion of Rules. ceeding for the regulation of which rules of court may be 10 Edw. 7.. made under the Act, and generally for carrying the Act into effect so far as it affects the County Court or an arbitrator appointed by the judge of the County Court, and proceedings in the County Court or before any such arbitrator.
(2) These rules may be cited as "The Workmen's Compensation Rules, 1910," and shall come into operation on the first day of January, one thousand nine hundred and eleven, but they shall not apply to any case where the accident happened before the commencement of the Act.
(3) Expressions used in these rules shall have the same meaning as the same expressions used in the Act. The word "registrar" in these rules shall mean the County Court clerk of the court in which proceedings are taken. The interpretation clauses of the Act shall apply to these rules and "The Manitoba Interpretation Act," chapter 89, R.S.M., 1902, shall apply for the purpose of the interpretation of these rules as it applies for the purpose of the interpretation of an Act of the Legislature of Manitoba.
Parties to arbitration.
PARTIES TO ARBITRATION BEFORE JUDGE OR ARBITRA-
Rule 2. (1) When application is made for the settlement by the judge, or by an arbitrator appointed by the judge, of any matter which under the Act is to be settled by arbitration, the party making such application shall be called "the applicant"; and, subject to these rules, all other persons whose presence at the arbltration may be necessary to enable the judge or arbitrator effectively and completely to adjudicate upon and settle all the questions involved shall be made parties to the application, and shall be called "the respondents."
(2) In any case in which both the principal as defined by the Act and a contractor with him are alleged to be liable to pay compensation under the Act, the rules of Court in force under "The King's Bench Act," as to joinder of parties, shall apply.
Rule 3. More persons than one may be joined as appliRules of K. B. cants in one arbitration, in any case in which such persons might be joined in one action as plaintiffs under the rules of court in force under "The King's Bench Act," and those rules, with the necessary modifications, shall apply to any such arbitration.
Application by dependants.
Application by depen
Rule 4. (1) An application on behalf of the dependants of a deceased workman for the settlement by arbitration of the amount payable as compensation to such dependants may be made by the legal personal representative, if any, of the deceased workman on behalf of such dependants, or by the dependants themselves; and in either case the particulars to be filed as hereinafter mentioned shall contain particulars as to the dependants on whose behalf the application is made.
(2) Provided, that if there is any conflict of interest between the dependants themselves, or if any dependants neglect or refuse to join in an application, the application may be made by or on behalf of some only of such dependants, the other dependants in either case being named as respondents.
(3) In the construction of this rule the term "dependants" shall include persons who claim or may be entitled to claim to be dependants, but as to whose claim to rank as dependants any question arises.
Rule 5. (1) In any case in which the amount payable as dants under compensation to the dependants of a deceased workman has been agreed upon or ascertained, but any question arises as
par. 8, where
to who are dependants, or as to the amount payable to each Act, Sched. 1, dependant, an application for the settlement of such ques- amount of tion by arbitration may be made either by the legal personal greed or representative, if any, of the deceased workman on behalf ascertained. of the dependants or any of them, or by such dependants or any of them, against the other dependants, and the persons claiming or who may be entitled to claim to be dependants, but as to whose claim to rank as such a question arises; or such aplication may be made by the persons claiming to be dependants, but as to whose claim to rank as such a question arises, or any of them, against the legal personal representative, if any, of the deceased workman, and the dependants, and such of the persons claiming or who may be entitled to claim to be dependants as are not aplicants.
(2) In any such case, if the employer has paid the agreed or ascertained amount of compensation, it shall not be necessary to make him a respondent, but if such compensation or any part thereof is still in his hands, he shall be made a respondent.
(3) The employer, if made a respondent, may pay the amount of compensation in his hands into court, to be dealt with as the judge or arbitrator shall direct, and thereupon further proceedings against him shall be stayed.
(4) The registrar shall within twenty-four hours from the time of payment made, pursuant to the last preceding paragraph, send notice thereof to the applicant and to the other respondents, if any, and the employer shall not be liable to any costs otherwise than in accordance with paragraph 5 (c) of rule 18.
Rule 6. (1) An application for the settlement by arbitration of the sum payable in respect of medical attendance on and the burial of a deceased workman who leaves no dependants shall be made by the legal personal representative, if any, of the deceased workman. If there is no such legal personal representative, the application may be made by any person to whom any such expenses are due. In the latter case, any other person known to the applicant as a person to whom any such expenses are due shall be joined in the application either as applicant or respondent.
(2) In any case in which application is made for the settlement by arbitration of such amount, the amount awarded, if insufficient for the payment of such expenses in full, shall be apportioned between the persons to whom such expenses are due in such manner as the judge or arbitrator shall direct.