Interpretation

"board of directors" means the board of directors appointed under section 6;

"chief executive officer" means the person appointed under section 8;

"chief review commissioner" means the person appointed under subsection 33(2);

"cohabiting partner" means either of 2 persons who are cohabiting and

have cohabited continuously in a conjugal relationship outside marriage for not less than one year, or (ii) have entered into a written agreement in respect of their cohabitation, in which they agree on their respective rights and obligations during cohabitation, upon ceasing to cohabit or upon the death of either of them; "disability" means the loss of earning capacity of a worker as a result of an injury; a person who has in service under a contract of hiring or apprenticeship, written or oral, express or implied, a person engaged in work in or in connection with an industry, (ii) the principal, contractor and subcontractor referred to in section 144, (iii) in respect of an industry referred to in subparagraph (i) a receiver, liquidator, executor, administrator and a person appointed by a court or a judge who has authority to carry on an industry, (iv) a municipality, a pension plan that is registered with and certified by the Superintendent of Pensions under the Pension Benefits Act, 1997 or an equivalent Act of another province or of the Parliament of Canada, and (ii) a pension plan that is established under an Act of the province; fishing for anadromous fish while in those waters, (ii) work performed in the functioning of the vessel used for fishing while fishing or proceeding to or returning from fishing, and (iii) other work incidental to or connected with fishing usually performed by persons engaged in fishing; medical, surgical and dental care, (ii) ho spital and skilled nursing services, (iii) a prosthesis or apparatus and the repairing and replacement of them, (iv) transportation, and an injury as a result of a chance event occasioned by a physical or natural cause, (ii) an injury as a result of a wilful and intentional act, not being the act of the worker, (iii) disablement, (iv) occupational disease, or unemployment insurance contributions for those earnings, (ii) Canada Pension Plan contributions for those earnings, and (iii) probable income tax deductions for those earnings based on appropriate tables produced by Canada Revenue Agency; (cc) "occupational disease" means a disease prescribed in the regulations and another disease peculiar to or characteristic of a particular industrial process, trade or occupation; (dd) "policy" means a policy established by the board of directors under subsection 7(1); (ee) "review board" means the Workers' Compensation Independent Review Board continued under section 32; (ff) "review commissioner" means a person appointed under section 33 and where the context indicates, includes the chief review commissioner; (gg) "security interest" means an interest in property that secures payment or performance of an obligation; (hh) "spouse" means either of 2 persons who are married to each other, (ii) are married to each other by a marriage that is voidable and has not been voided by a judgment of nullity, or (iii) have gone through a form of a marriage with each other, in good faith, that is void and are cohabiting or have cohabited with each other within the preceding year; (hh.1) "temporary earnings loss benefits" means those benefits established as temporary earnings loss benefits by a policy established by the board of directors under subsection 7(1); (ii) "work training program" means work of a type, whether or not this Act applies to that work, that is designated by the authorities of an educational institution as being suitable for student training, and (ii) for which the student is not compensated by the employer; and (jj) "worker" means a person who enters into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise, and includes in respect of the industry of fishing, whaling or sealing, a person who becomes a member of the crew of a boat, vessel or ship under an agreement to receive a share of the voyage or is described in the Shipping Articles as a person receiving a share of the voyage or agrees to accept in payment for services a share or portion of the proceeds or profits of the venture, with or without other remuneration, or is employed on a boat, vessel or ship provided by the employer, (ii) a person who is a learner, although not under a contract of service or apprenticeship, who becomes subject to the hazards of an industry for the purpose of undergoing training or probationary work specified or stipulated by the employer as preliminary to employment, (iii) a part-time or casual worker, and (iv) an executive officer, manager or director of an employer.

"commission" means the Workplace Health, Safety and Compensation Commission continued under section 5;

"compensation" means compensation paid in accordance with this Act to a worker or dependents in respect of an injury;

"dependent" means a family member of a worker who is wholly or partly dependent upon the worker's earnings at the time of the death of the worker or who, but for the incapacity due to the injury, would have been dependent;

"director" means, except in Part I, a director of a corporation;

"earnings" includes a share or portion of proceeds or profits referred to in subparagraph (jj)(i);

"employer" means an employer to whom this Act applies and who is engaged in or in connection with an industry in the province and includes

the Crown in right of Canada where it may in its capacity as employer submit to the operation of this Act, (vi) the Crown and a corporation, commission or similar body, established by or under an Act of the province, and (vii) in respect of the industry of fishing, whaling or sealing, the managing owner or person operating a boat, vessel or ship employed or intended to be employed in the industry; other matters and things that the commission may authorize or provide; "injury" means death as a result of an injury arising out of and in the course of employment and includes a recurrence of an injury and an aggravation of a pre-existing condition but does not include stress other than stress that is a reaction to a traumatic event or events;

"employer-sponsored pension plan" includes

"employment" means the whole or a part of an establishment, undertaking, work, operation, trade or business within the scope of this Act, and in the case of an industry not as a whole within the scope of this Act includes a part of the industry that would if carried on separately be within the scope of this Act;

"extended earnings loss benefits" means those benefits established as extended earnings loss benefits by a policy established by the board of directors under subsection 7(1);

"family member" i ncludes spouse, cohabiting partner, parent, grandparent, stepparent, child, grandchild, stepchild, sibling, half-sibling and a person who stood in place of a parent to the worker or to whom the worker stood in place of a parent;

"fishing" means fishing for gain, other than for sport, in tidal waters, and includes

"former Act" means the Workplace Health, Safety and Compensation Act;

"health care" means

"health care provider" means a member of a regulated health profession;

"impairment" means a physical or functional abnormality or loss, including a disfigurement, as a result of an injury;

"industry" includes the whole or a part of an industry, operation, undertaking, establishment, work, trade or business that is not excluded by section 45;

"injury fund " means the fund referred to in section 114;

"maximum compensable assessable earnings" means the maximum compensable assessable earnings prescribed in the regulations;

"medical practitioner" means medical practitioner as defined in the Medical Act, 2011 ;

"minister" means, except where the context indicates otherwise, the minister appointed under the Executive Council Act to administer this Act; (aa) "municipality" includes the City of St. John's, the City of Corner Brook, the City of Mount Pearl and a town incorporated or continued under the Towns and Local Service Districts Act and a local service district incorporated or continued under that Act; (bb) "net earnings" means a worker's average earnings while employed in the industry in which the worker was injured, less the total of

Notwithstanding paragraph (1)(v), stress that may be the result of an employer's decision or action relating to the employment of a worker including a decision to change the work to be performed or the working conditions, to discipline the worker or to terminate the worker's employment does not constitute an injury.