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Difference between revisions of "Time Limits and Procedures in Workers' Compensation (7:X)"
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Time Limits and Procedures in Workers' Compensation (7:X) (view source)
Revision as of 21:27, 13 December 2022
, 21:27, 13 December 2022→A. Time Limits
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Section 151 [Former Act, s. 55] of the WCA requires that generally, a worker must apply for compensation '''within one year''' of the date of injury. Subsections 151(4) and (5), as well as section 152 [Former Act, s. 55(3.2)], provide several exceptions for when late applications may be accepted: | Section 151 [Former Act, s. 55] of the WCA requires that generally, a worker must apply for compensation '''within one year''' of the date of injury. Subsections 151(4) and (5), as well as section 152 [Former Act, s. 55(3.2)], provide several exceptions for when late applications may be accepted: | ||
* If exceptional circumstances exist which precluded the worker from making an application within one year and the application is less than three years after the date of injury (WCA, s. 151(4) [Former Act, s. 55(3.1)]), the worker’s application may be accepted. If a worker’s application has been denied because of a late application, please consult Policy #93.22 of the RSCM II to assess what evidence of “exceptional circumstances” may be relevant in that case; | |||
* Even after more than three years post-accident, the Board may still accept a claim based on “exceptional circumstances”, however the Board can only pay compensation from the date of the application forward, not from the date of the injury (WCA, s. 151(5) [Former Act, s. 55(3.1)]); | |||
* If death or disablement is due to an occupational disease but sufficient scientific evidence did not exist at the time of the application to prove this and there is new scientific evidence regarding the occupational disease causation, the application may be accepted. However, the worker must make the application no more than three years after sufficient medical or scientific evidence became available to the board (WCA, s 152(1) [Former Act, s. (3.2)]); or | |||
* The Board may also reconsider an old occupational disease decision that meets the Subsections 152(1) and (2) criteria. | |||
== B. Application Procedures == | == B. Application Procedures == | ||
