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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 21:57, 2 December 2021
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== B. Short Term and Long Term Wage Rates == | == B. Short Term and Long Term Average Earnings and Wage Rates == | ||
When a compensation claim is accepted, the Board sets the worker’s wage rate at two different points in the claims process. All wage loss related benefits (e.g. loss of earnings, permanent functional disability, and temporary wage loss) are paid according to these rates. If you or your client believe your benefits do not accurately reflect your income before your injury, it is vital that you try to correct this as soon as possible. | When a compensation claim is accepted, the Board sets the worker’s wage rate at two different points in the claims process. All wage loss related benefits (e.g. loss of earnings, permanent functional disability, and temporary wage loss) are paid according to these rates. If you or your client believe your benefits do not accurately reflect your income before your injury, it is vital that you try to correct this as soon as possible. | ||
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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. | 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. Temporary Wage Loss Benefits == | == C. Temporary Wage Loss Benefits == | ||
