Revised Laws of Saint Lucia (2021)

63.   Presumptions regarding employment injury

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    (1)   Employment injury arises out of and in the course of the employment of an employee if—

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      (a)     the accident which caused the injury was done for the purposes of or in connection with the employer's trade or business;

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      (b)     the accident occurred while an employee was with the express or implied permission of his or her employer travelling as a passenger by any vehicle operated by or on behalf of his or her employer to or from his or her place of work, although he or she is under no obligation to his or her employer to travel by that vehicle;

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      (c)     the accident occurred in or about any premises at which he or she is employed for the purposes of his or her employer's trade or business if it happened while he or she was taking steps, in an actual or supposed emergency at those premises to rescue, succour or to protect persons who are or are thought to be or possibly to be injured or imperilled, or to avert or minimize serious damage to property.

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    (2)   A disease or injury may be prescribed for the purposes of this Part in relation to any insured persons if the Minister is satisfied that—

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      (a)     it ought to be treated, having regard to its cause and incidence and any other relevant considerations, as a risk of their occupation and not as a risk common to all persons; and

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      (b)     it is such that, in the absence of special circumstances, the attribution of particular cases to the nature of the employment can be established or presumed with reasonable certainty.

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    (3)   In this section a reference to a vehicle includes reference to a ship, vessel or aircraft.