Under what conditions may an employer decline to pay compensation for suspension of work or disability compensation for a work-related injury or disease?
General information · Not legal advice
Material to check
In the practice file for this exercise we check the report of the work-related injury or disease, any medical certificate showing the injury or disease and its cause, and the Labour Committee's recognition decision, since the provision makes that recognition a condition of the exemption.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the exemption narrowly: where the worker suffered a work-related injury or disease through serious fault, and the employer has obtained the Labour Committee's recognition of that fault, the employer may decline to pay compensation for suspension of work or disability compensation.
Another reading stresses that the provision addresses only these two forms of compensation, so other entitlements arising from the same injury or disease are not within what this exemption reaches.
Your judgment
What in the file shows that the worker's fault rose to the level of serious fault the provision requires?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change the level of fault or the compensation forms covered, or if a court decision clarifies what serious fault means in this context.