By ANDY SMITH
Regional Safety Director
Perhaps the most import-
ant recommendation in the
451-page report, filed late in
January, 1966, by the Hon-
ourable Mr. Justice C, W.
Tysoe as the Commissioner of
Inquiry into the Workmen’s
Compensation Act, is that the
requirement of “accident or

chance” be eliminated from
the Act.

The Commissioner says in
part, “It seems to me that un-
der our legislation as it now
stands, accident is no longer
an essential element of the
right to compensation and
that the test is simply, ‘Was
the workman’s disability truly
work-caused?’ I have come
to the conclusion that the
words ‘by accident’ in the
second line of subsection (1)
of Section 7 of the Act should
be struck out, and that the
1959 amendment to the defi-
nition of accident should be
withdrawn, leaving the defini-
tion as it was prior to the
said amendment. I so recom-
mend.”

The evidence indicates that
since the amendment to the

definition of accident in 1959, -

a sort of confused thinking
has been running through the
minds of at least some mem-
bers of the claims department
of the Board.

THE WESTERN CANADIAN LUMBER WORKER

“TYSOE REPORT"

After the 1959 amendment,
there is continued reference
in rejection letters written by
the claims department. Some
examples are as follows:

“As no unusual incident or
accident has been described
or established, we are unable
to assume responsibility for
any payment under this
claim.”

“Qn present evidence it has
not been satisfactorily estab-
lished that the condition for
which you sought medical at-
tention is the result of an
accident’ arising out of or in
the course of your employ-
ment.”

“You were not involved in
any accident, and on present
information it has not been
established that the torn liga-
ment of your forearm is due
to any industrial injury.”

“Since there is no history

of an accident, it has not been
established that the discom-
fort in your groin arose out
of your employment.”

It would appear that the
Board took the position in
many rejections of claims that
unless there was an amputa-
tion, a compound fracture, or
the claimant was carried out
on a stretcher, there was no
incident or accident arising
out of their employment.

In the last four months of

1959, of 958 disallowed claims,
349 were rejected because of
insufficient proof of accident;
in 1960, out of 2804, 1227; in
1961, out of 2567, 1111; in
1962, out of 2536, 1357; and

‘in 1963, out of 2923, 1617.

In looking at these figures,
one must remember that all
of them relate to the period
subsequent to the amendment
to the definition of accident in
1959.

The Commissioner goes on
to say, in part, “It further ap-
pears to me that the retention
of accident in the basic cover-
age formula has made for con-
fusion in the administration
of the Act. I am unable to
see that any such retention
serves any useful purpose.
Even if I disregard the 1959
amendment of the definition
of accident and direct my
attention only to the trend of

jurisprudence, I must come

to the conclusion that the
time has gone by when a

workman’s right to compen-
sation should be limited to
injury by accident in the nar-
row sense of that term. This
most important amendment
should be acted upon at the
next sitting of the legislature
and the government must be
made aware that we are de-
termined to have this partic-
ular recommendation put into
effect.”

GROUP
DENTAL
COVERAGE

Now available from C.U.&C.

C.U. & C. has entered the field of pre-
paid Dental coverage with the signing of

an agreement between C.U. & C. and the
Dental Services’ Association, representing
the Dentists of British Columbia.

The Plan is available to groups of 50
or more employees.

“SERVICE AT COST” THE CO-OPERATIVE WAY

FOR FURTHER INFORMATION CONTACT

C.U.& C. HEALTH SERVICES

SOCIETY

Room 21 — 96 East Broadway
Telephone: 879-5711

_ Vancouver 10, B.C.

11

LOCAL SICK LISTS

ROYAL COLUMBIAN

Sisters Nola Jones and Frances
Love of the LA of Local 1-357 IWA
visited the following patients in hos-
pital April 19 to May 10, distributing
candy, cigarettes and copies of the
Western Canadian Lumber Worker.

George Gordy, McM.B. & P.R. (re-
tired; Chris Main; Robert Crocker,
B.C. Forest Products; William Cobb,
Pacific Veneer; Sidney Simonson,
Timberland Lbr.; Harold Piper, Fra-
ser Mills; Richard Daft, Eburne Saw-
mills; Wm. Breed, L & K Sawmills;
John McPherson, Fraser Mills; Jake
Klassen, Flavelle Cedar; Walter Sab-
iston, Flavelle Cedar; Walter Hop-
kins, McDonald Cedar; Thomas Mer-
ritt, Fraser Mills; Rudy Gelowitz,
Coast Forest; Aubrey Nicholson,
Meekers, Mission.

Thomas Engen, Rayonier, Mahatta
River; Albert Hunt, Westminster
Shook Mills; Murray Johnson, Lam-
ford Cedar; Gilbert .Meldrum, Fraser
Mills; Matt Franz, Rayonier, N.W.;
Robert Sherochuk, Gair & Son; Dan
Wilkinson, McKay & Flanagan; Thom-
as Mowat, Fraser Mills; John Swan-
berg, Flavelle Cedar; Ov Smith,
Capilano Timber; Robert Hitt, Horse-
fly Lake; Jorma Tuominen, Mohawk
Handle; Ken Kavaliunas, Bridge Lum-
ber; Gerald Donaldson, Fraser Millis;
Stanley Gregerson, Vancouver Ply-
wood; Ernie Ewert, Pacific Pine (re-
tired); Francis Smith, Logging (re-
tired); Stitilis, MB & PR; David Oli-
phant (retired); John Smith, Timber-
and.

Ed Linder, Financial Secretary of
Local 1-80 IWA visited the following
patients in hospital and distributed
candy, cigarettes and copies of the
Western Canadian Lumber Worker.

NANAIMO GENERAL

Doug Parkins, Nainaimo; John Hun-
ter, South Wellington; Ray Hoffner,
Kennedy St., Nanaimo; Doug Thomas,
R.R. 1, Ladysmith; Robert Marchil-
don, Cherry Creek, Alberni; Rick
Plecas, Nelson St., Nanaimo; John
McKendrick, Ladysmith.

CHEMAINUS

John Sherwood, Chemainus; Harry
Reitsma, Duncan; Michael Baptiste,
Duncan; Harvey Wells, Saltair; Mrs.
Dianne Brown, Chemainus; Stanley
Hull, R.R. 3, Duncan; Mrs. Marilyn
Beggs, Chemainus; Mrs. Vir inia
Schwartz, Henry Road, Chemainus;
Mrs. Peggy Ledingham, Chemainus.

LADYSMITH GENERAL

George Jackson, Ladysmith (retired
woodworker); Albert Radford, Lady-
smith; Mrs. Peter Boudot, Ladysmith.

DUNCAN
KING’S DAUGHTERS

Jacob Rinta, Ladysmith; Mrs. Ja-
cob Rinta, Ladysmith; George Grim-
shaw, Lake Cowichan; William Parks,
Lake Cowichan; Mrs. Jean LeRoy,
Banks Rd., Duncan; John Lehman,
Duncan; Mrs. Leo Bergstrom, R.R.
2, Duncan; Mrs. Joe Rustulka, Lake
Cowichan Rd., Duncan; Mrs. Ronald
Miles, Gordon River; Mrs. Lashman
Singh Sanhera, 715 Berar Rd., Lake
Cowichan. }

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