For all decisions on or after June 23, 1992.
Section 4(1) of the Workers Compensation Act states:
"Where, in any industry within the scope of this Part, personal injury by accident arising out of and in the course of the employment is caused to a worker, compensation as provided by this Part shall be paid by the board out of the accident fund, subject to the following subsections." (emphasis added)
The Workers Compensation Board of Manitoba will not provide benefits for disablement resulting solely from the effects of a worker's pre-existing condition as a pre-existing condition is not "personal injury by accident arising out of and in the course of the employment." The Workers Compensation Board is only responsible for personal injury as a result of accidents that are determined to be arising out of and in the course of employment.
The traditional approach of dealing with pre-existing conditions that categorizes them as being either static or deteriorating has been simplified in this policy by dealing with the two concepts in the same framework.