Assinado em 3 de Agosto de 1982.
Caixa Nacional de Seguros de Doenças Profissionais:
(Assinatura ilegível.)
Workmen's Compensation Board, Ontário:
(Assinaturas ilegíveis.)
Understanding between the Caixa Nacional de Seguros de Doenças Profissionais, hereinafter referred to as CNSDP, represented by its chairman, and the Workmen's Compensation Board of the province of Ontario, hereinafter referred to as WCB, represented by the chairman and the vice-chairman of administration of the Workmen's Compensation Board.
This understanding is entered into between the Parties, having regard to the Agreement on Social Security, dated December 15, 1980, between the Government of Canada and the Government of Portugal.
Article I
Extent of applicability
The provisions of this understanding apply to workers who are entitled to an award from CNSDP or other responsible entities having jurisdiction under the Portuguese legislation regarding work accidents and occupational diseases or from the WCB for permanent disability, and this understanding applies to the evaluation or re-evaluation of the degree of residual clinical disability of an injured worker who has suffered personal injury by accident or by industrial disease and the medical conditions related to the recognized disability.
Article II
Provisions for medical aid
The medical aid for work injuries and industrial diseases is provided in accordance with the provisions of article IV, even if the workman transfers his residence respectively to Ontario or to the territory of the Republic of Portugal.
Article III
Payments
CNSDP or other responsible entities having jurisdiction under the Portuguese legislation regarding work accidents and occupational diseases and the WCB will pay directly to the injured worker or his dependants residing in the other country's territory the compensation due as a result of the injury for which compensation was awarded.
Article IV
Medical aid
- i)CNSDP and the WCB will see that medical aid is provided in accordance with article II, according to legislation they apply on behalf of the other institution.
- ii)In order to receive benefits under article II, the injured worker must provide to CNSDP or the WCB a certificate of authorization to supply service related to the benefit entitlement in accordance with article V. Such certificate will also specify the duration of services.
- iii)In case the insured person does not exhibit the certificate mentioned in paragraph ii), the institution of the country of residence (CNSDP or WCB) will ask the counterpart to obtain such a certificate for required medical aid, including hospitalization. The institution of the country of residence shall obtain prior authorization before instituting or supplying such services.
- iv)Urgent medical aid may be authorized by the institution in the country of residence for those persons not in possession of a certificate authorizing such services under paragraph ii). The same institution will inform as soon as possible the institution concerned that the supply of urgent service has taken place.
Article V
Medical examinations
If requested by the institution (CNSDP or WCB) concerned or the injured person so authorized by the same institution, the institution of the country of residence will perform medical examination to ascertain the medical condition. This institution will transfer to the institution concerned (CNSDP or WCB) all documents useful to an exhaustive clarification of the anatomical and functional condition affected as a result of the compensable injury or job related illness without indicating the degree of incapacity to work.
Article VI
Reimbursement
The institution concerned (CNSDP or WCB), after being requested by the institution of the country of residence, must reimburse:
- i)The cost of the medical aid and medical examinations performed in accordance with article VII;
- ii)The travelling expenses or transportation costs sustained by the injured persons to get to the medical facilities where the service or medical examination must be performed;
- iii)Payment of reasonable lost time for medical treatments and examinations for insured persons.
Article VII
Rates
For the purpose of reimbursing the costs indicated in paragraph i) of article VI, the higher rates than those in effect in the institution authorizing the treatment concerned will not be applied.
Article VIII
Industrial disease caused by compounded risks
- i)When an industrial disease is diagnosed as being due to industrial exposure in both countries, monetary services and medical care is to be provided by the institution in the country where the last exposure occurred.
- ii)In the cases identified in paragraph i), the request for services can be submitted either to CNSDP or the WCB.
- iii)If the institution which received the request for services establishes that the employee or his survivors do not satisfy the provisions of their respective act, they will:
- a)Forward, without delay, to the institution in the other country, the claim and relative documentation together with reports and medical history and a copy of the decision;
- b)Include in the decision the reason for the denial, the means and method of appeal and the date on which the file was forwarded to the other country's institution.
Article IX
Exhibit of applications, statements and appeals
Applications, statements, appeals and other documents that, according to Portuguese legislation and WCB regulations, must be forwarded by injured persons or their survivors within a certain date could be submitted within the same date to the institution of the country of residence. In such case, this institution will transfer as soon as possible all appropriate documents to the institution concerned and will inform the persons concerned of this action. The date when these documents have been submitted to the institution of the country of residence is considered to be on the date of presentation to the institution concerned.
Article X
Languages to be used
CNSDP or other responsible entities having jurisdiction under the Portuguese legislation regarding work accidents and occupational diseases and the WCB will use respectively Portuguese and English languages for compilation of all documents. For the purpose of the applicability and interpretation of this understanding, the Portuguese text will be binding for CNSDP or other responsible entities having jurisdiction under the Portuguese legislation regarding work accidents and occupational diseases, while the English text will be binding for the WCB.
Article XI
Correspondence
To carry out this understanding the correspondence will be addressed respectively to chairman, CNSDP, Avenida da República, 25, 1st Floor, 1000 Lisbon, Portugal, and to the WCB, Secretary of the Board, 2 Floor Street East, Toronto, Ontario, M4W 3C3.
Article XII
Joint committee
As requested by CNSDP and the WCB, a joint committee representing the two institutions will meet alternatively in Lisbon and in Toronto, to ensure a just applicability of this understanding, to settle disputes and to propose possible amendments to the same.
Article XIII
Validity of agreement
This understanding will remain in force with no limits to its duration. It could be terminated by one of the participating institutions by means of notification in writing to the other institution on a twelve months notice.
In any event, this understading will cease to be in force the moment the Agreement on Social Security, signed December 15, 1980, by the Government of Canada and the Government of Portugal, should itself cease to be in force.
Article XIV
Each Party will notify the other Party of the accomplishment of the formalities necessary for the implementation of this understanding according to their internal legislation.
Article XV
The present understanding will come into force on the first day of the month following the date on which the notifications are completed as required by article XIV.
Signed this 3rd day of August 1982.
The Workmen's Compensation Board, Ontario:
(Assinaturas ilegíveis.)
Caixa Nacional de Seguros de Doenças Profissionais:
(Assinatura ilegível.)