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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 01:05, 5 August 2017
, 01:05, 5 August 2017→Recurrence or Deterioration and Wage Rates
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The re-opening provisions also have particular significance if the worker was injured prior to June 30, 2002, where the LTWR was calculated as 75% of gross and the definition of “average earnings” was different. For this worker, his re-opening TWL benefits would be calculated under the new policy provisions (90% of net average earnings). | The re-opening provisions also have particular significance if the worker was injured prior to June 30, 2002, where the LTWR was calculated as 75% of gross and the definition of “average earnings” was different. For this worker, his re-opening TWL 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 ''Cowburn v Worker’s Compensation Board of British Columbia'', 2006 BCSC 722, the court found that it was patently unreasonable to treat a deterioration in 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. | 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 in 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. Average Earnings == | == C. Average Earnings == | ||
