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Difference between revisions of "Workers' Compensation Claim Benefits (7:XI)"
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Workers' Compensation Claim Benefits (7:XI) (view source)
Revision as of 21:59, 2 December 2021
, 21:59, 2 December 2021→1. Recurrence or Deterioration and Wage Rates
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Under s 229(1)(8) [Former Act, s. 35.1(8)] of the Act, a '''recurrence''' of an injury is treated as a new injury for any new period of temporary disability. In addition, if the re-opening is more than 3 years after the initial injury, the Board may reset the long-term wage rate for the purpose of calculating additional benefits under the re-opening. | Under s 229(1)(8) [Former Act, s. 35.1(8)] of the Act, a '''recurrence''' of an injury is treated as a new injury for any new period of temporary disability. In addition, if the re-opening is more than 3 years after the initial injury, the Board may reset the long-term wage rate for the purpose of calculating additional benefits under the re-opening. | ||
The applicable policy on re-setting long-term wage rate for re-openings over 3 years is Policy #70.20. | The applicable policy on re-setting long-term wage rate for re-openings over 3 years is Policy #70.20 of the RSCM II. This policy is complex, and it is best to consult this policy in light of the particular facts of each case. This policy affects all workers with long-term disabilities, where their condition recurs or deteriorates. | ||
The re-opening provisions also have particular significance if the worker was injured prior to June 30, 2002, where the long-term wage rate was calculated as 75% of gross and the definition of “average earnings” was different. For this worker, their re-opening | The re-opening provisions also have particular significance if the worker was injured prior to June 30, 2002, where the long-term wage rate was calculated as 75% of gross and the definition of “average earnings” was different. For this worker, their re-opening benefits would be calculated under the new policy provisions (90% of net average earnings). | ||
It should be noted that a “recurrence” must be distinguished from a “'''deterioration'''”. In [http://www.courts.gov.bc.ca/jdb-txt/sc/06/07/2006bcsc0722.htm ''Cowburn v Worker’s Compensation Board of British Columbia'', 2006 BCSC 722], the court found that it was patently unreasonable to treat a deterioration | It should be noted that a “recurrence” must be distinguished from a “'''deterioration'''”. In [http://www.courts.gov.bc.ca/jdb-txt/sc/06/07/2006bcsc0722.htm ''Cowburn v Worker’s Compensation Board of British Columbia'', 2006 BCSC 722], the court found that it was patently unreasonable to treat a deterioration of a worker’s disability as a recurrence of an injury. Accordingly, when a worker’s permanent disability that began before June 30, 2002 becomes worse, the increased benefits are based on the older provisions that were in force when the disability first arose (such as pension entitlement). However, a new applicable wage rate may still have to be determined under policy #70.20. | ||
== C. Temporary Wage Loss Benefits == | == C. Temporary Wage Loss Benefits == | ||
