Where personal injury by accident is caused due to lightning, tempest, sunstroke, heat prostration, frostbite or insect bite, the criteria to be used in determining entitlement shall be that,
- if the worker is in the course of employment at the time of exposure, and
- if there is no serious or wilful misconduct on the part of the worker, the personal injury by accident will be considered to be one arising out of and in the course of employment.
Tempest is defined as an extensive violent wind especially when accompanied by rain, hail, or snow.
The decision-maker determines entitlement in accordance with the systematic method for evaluation of information on file. See 11-01-01, Adjudicative Process.
This policy applies to all decisions made on or after June 1, 1989, for all accidents.
This document replaces 03-02-08 dated June 1989.
Workplace Safety and Insurance Act, 1997, as amended
Workers' Compensation Act, R.S.O. 1990, as amended
Board of Directors
#8(XXXIX), June 10, 2004, Page 6622