Difference between revisions of "Workers' Compensation Claim Benefits (7:XI)"

Workers may disagree with Board decisions. Common situations are that the worker believes the Board has underestimated the extent of physical or psychological limitations they have due to their injury and/or pre-injury background or underestimate the demands of the deemed occupations the Board says they can perform. Workers may also disagree with the assessment of what they are capable of earning over the long-term in the deemed occupations, therein deeming them capable of theoretical earnings that exceed what is reasonably suitable for and available for them. If a worker appeals a loss of earning decision, then they should provide evidence of why the decision should be changed.

Policy item #41.00 of the RSCM II states that payments for permanent disability pensions end at age 65 unless the WCB is satisfied that the worker would have retired at a later date. WCA section 201(3) states that a determination as to whether a worker would have worked passed the age of 65 can be made by the Board after the individual reaches the age of 63. Note that this change was introduced in 2021 and, before that time, retirement age was assessed as of the date of the injury, regardless of the age of the worker.

At age 63, the worker is asked to provide independent verifiable evidence that they had plans to work beyond age 65. As the provision requiring this later assessment is very new, it is currently not clear what type of evidence will satisfy the Board that the worker intended to work beyond the age of 65.

== J. Benefits in Fatality Cases ==