Rules of Procedure (Universal Bodily Injury Compensation) Regulation

Rules of Procedure (Universal Bodily Injury Compensation) Regulation, M.R. 38/94 The Manitoba Public Insurance Corporation Act , C.C.S.M. c. P215 Regulation 38/94 Registered February 10, 1994 bilingual version (HTML) SERVICE OF DOCUMENTS Manner of service 1(1) Where a document is required under this regulation to be given, sent to or otherwise served on a person, service may be effected personally or, subject to confirmation of delivery by Canada Post, by delivery by mail to the last address provided by the person to the corporation. Effective date of service by mail 1(2) A document served by mail under subsection (1) is deemed to be served on the day that Canada Post confirms is the day on which the document is delivered to the address to which it is mailed. Posting of document constitutes service 1(3) Where service of a document under subsection (1) is not accepted or cannot for any reason be delivered pursuant to subsection (1) or (2), service of the document may be effected by posting it in an office of the corporation for a period of not less than 15 days. Service on agent 1(4) Where a person is represented by an agent who has provided the corporation with proof of his or her authority to act as agent for the person, service on the agent constitutes service on the person. APPLICATIONS FOR REVIEW Form of application 2 An application for review shall be made on a form provided by or acceptable to the corporation. When application is filed 3 For the purpose of subsection 172(1) of the Act, an application for review is deemed to be filed with the corporation on the date it is received at a corporation office. Corporation to acknowledge receipt of application 4 Upon receipt of an application for review from a claimant, the corporation shall send an acknowledgement of receipt to the claimant. Claimant may amend or withdraw application 5 A claimant may amend or withdraw an application for review at any time by providing the corporation with written notice of the amendment or withdrawal. Review where claimant does not request hearing 6 Unless a claimant indicates on the application for review that he or she wishes a hearing to be held, the corporation shall render a decision on the basis of any information available in the corporation's records respecting the claimant's application for compensation. Corporation to give notice of hearing 7 Where a claimant indicates on the application for review that he or she wishes a hearing to be held, the corporation shall give the claimant not less than five days written notice of the date, time and place of the hearing. Hearing may be adjourned 8 The corporation may, on the request of the claimant or on its own initiative, adjourn a hearing. Review hearing to be conducted in private 9 A hearing shall not be open to the public, but the claimant may authorize any person to attend a hearing. Corporation may obtain expert assistance 10(1) For the purpose of a review, the corporation may seek the assistance of an expert and may (a) request the expert to attend and make a submission at a review hearing; or (b) authorize the expert to prepare a report or opinion for the corporation. Claimant entitled to copy and to make submission 10(2) The corporation shall serve on the claimant a copy of any submission, report or opinion received under subsection (1), and shall give the claimant the opportunity to rebut and make a submission in respect of it or any part of it. Corporation to serve decision on claimant 11 The decision of the corporation in respect of an application for review shall be served on the claimant. CONFLICT OF INTEREST Conflict of interest by employee of corporation 12 An employee of the corporation must refrain from any involvement in respect of a claim for compensation or an application for review where any person has or could have a reasonable apprehension of partiality on the part of the employee based on any of the following: (a) a pecuniary conflict of interest; (b) a personal, family, social, working or business relationship with the claimant or the family of the claimant; (c) a prior public declaration of an opinion pertaining directly to the claimant or the claim for compensation or application for review; (d) any expression of hostility or favouritism with respect to the claimant. Claimant to advise of concern re impartiality 13 A claimant who has a concern respecting the impartiality of an employee of the corporation considering the claimant's application for review shall advise the corporation as soon as is practicable. MEDICAL EXAMINATION Practitioner may require only claimant to be present 14 A practitioner who conducts a medical examination of a claimant at the request of the corporation under section 144 of the Act may require that no other person be present, or may restrict the number of persons present, at the time of the examination. Content of report of examination 15 The report of a practitioner under section 146 of the Act must include the following: (a) a case history of the claimant, including (i) information respecting the claimant's medical condition before the accident, (ii) any symptom of a physical or mental disorder and its progression, (iii) any complication, disorder or disease arising from an injury suffered in the accident, and (iv) a record of any prescribed treatment and the result of the treatement; (b) the result of any physical or mental examination requested by the corporation, giving in detail any sign of bodily injury resulting from the accident; (c) an opinion respecting any medical report provided by the practitioner in respect of the claimant; (d) a study of the causal relation between the accident and the bodily injury, the bodily injury and any permanent impairment, and the bodily injury and any inability of the victim to hold employment, including determined employment; (e) the answer to any question given to the practitioner by the corporation. RECOVERY OF COMPENSATION Deduction from I.R.I. and child care indemnity 16(1) If the corporation is entitled under section 189 of the Act to reimbursement of an amount from a person receiving an income replacement indemnity or an indemnity under section 132 of the Act, the corporation may (a) reduce the amount of the indemnity by not more than 50% until the amount to which the corporation is entitled is recovered; or (b) reduce the amount of indemnity by a percentage higher than 50%, where the person consents, or where the corporation considers that recovery of the amount by deductions is not possible because of the extent of the amount owing and the foreseeable number of compensation payments. Deductions from other compensation 16(2) If the corporation is entitled under section 189 of the Act to reimbursement of an amount from a person receiving compensation other than compensation referred to in subsection (1), the corporation may deduct the entire amount from the compensation. AGENTS Agent to provide proof of capacity 17 A person who acts or purports to act as an agent for a claimant must declare his or her capacity to the corporation and shall provide proof satisfactory to the corporation of his or her capacity to act as agent for the claimant. TIME LIMITS Extension of time limit 18 If a time limit set under the Act or this regulation expires on a day on which the offices of the corporation are closed, or if the corporation is required to do something on or by such a day, the time limit is deemed to expire on the next working day. Coming into force 19 This regulation comes into force on March 1, 1994.