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(1) of Section 7 of the Act should be struck out, and that the 1959 amendment to the defi- nition of accident should be withdrawn, leaving the defini- tion as it was prior to the said amendment.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. }

OtMans

the OREGON chains

that give small saws

BIG-SAW

PERFORMANCE:

OREGON SPEED-GUARD

Both are designed especially for speed and smooth- ness on the new light, compact saws. Even with lower power OREGON S-70 and its companion chain, SPEED-GUARD, with their narrow kerf and low profile, cut through pulpwood and timber with ease and efficiency. SPEED-GUARD features asafety guard link to reduce chatter and kickback when limb- ing or cutting small-diameter woods. OREGON S-70 is a tough, general purpose chain. Both are avail- able in3 8” pitch for all models of lightweight saws.

For precision efficiency, use OREGON saw chain with OREGON SAW BARS and OREGON sprockets.

Available from more than 2700 dealers across Canada.

- eek INDUSTRIES OF CANADA LTD.

505 EDINBURGH AD. N., GUELPH, ONTARIO

Stet