ICBC Enhanced Care System (Current Model) (12:III): Difference between revisions

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''Two years following the accident'', if the insured is still unable to hold their pre-accident job but is able to work, ICBC will determine employment for the insured (''IRR'', s 14(1)). This process applies to full-time workers, as well as part-time, temporary and non-earners who have previously had their employment determined under the process above. Once employment is determined under this process, the insured has a year to search for such employment. Following the end of that year, if the insured is able to find work, and that work has a, “gross yearly employment income” lower than that used to calculate their prior income benefit, then ICBC will begin to pay the insured, “the lesser of the following”:
''Two years following the accident'', if the insured is still unable to hold their pre-accident job but is able to work, ICBC will determine employment for the insured (''IRR'', s 14(1)). This process applies to full-time workers, as well as part-time, temporary and non-earners who have previously had their employment determined under the process above. Once employment is determined under this process, the insured has a year to search for such employment. Following the end of that year, if the insured is able to find work, and that work has a, “gross yearly employment income” lower than that used to calculate their prior income benefit, then ICBC will begin to pay the insured, “the lesser of the following”:
<blockquote>(a) the difference between the income replacement benefit the insured was receiving before the employment was determined…and the net income from the determined employment as calculated under this regulation;
 
(b) the difference between the income replacement benefit the insured was receiving before the employment was determined…and the net income the insured earns from employment.”
:(a) the difference between the income replacement benefit the insured was receiving before the employment was determined…and the net income from the determined employment as calculated under this regulation;
:(b) the difference between the income replacement benefit the insured was receiving before the employment was determined…and the net income the insured earns from employment.”
(IRR, s 10(1)) </blockquote>
(IRR, s 10(1)) </blockquote>


Some ''other circumstances in which income replacement benefits may end'' include when:
Some ''other circumstances in which income replacement benefits may end'' include when:
* “the insured is able to hold the employment that the insured held at the time of the accident” (''IVA'', s 146(1)(a))
 
* “the insured holds other employment from which the insured earns a gross income that is equal to or greater than the gross income that the insured earned from employment held at the time of the accident” (''IVA'', s 146(1)(b))
* “The insured is able to hold the employment that the insured held at the time of the accident” (''IVA'', s 146(1)(a))
* “The insured holds other employment from which the insured earns a gross income that is equal to or greater than the gross income that the insured earned from employment held at the time of the accident” (''IVA'', s 146(1)(b))


An insured who ''recovers'' from their injury and then suffers a relapse may also be entitled to re-instatement of their income replacement benefit. The calculation for this benefit varies depending on whether it has been less than two years or more than two years since the end of the prior benefit period (or since the accident if no prior income replacement benefits were received) (''IRR'', s 9).
An insured who ''recovers'' from their injury and then suffers a relapse may also be entitled to re-instatement of their income replacement benefit. The calculation for this benefit varies depending on whether it has been less than two years or more than two years since the end of the prior benefit period (or since the accident if no prior income replacement benefits were received) (''IRR'', s 9).
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