Adopting parent, etc., of dependent children

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Read excerpts from the WCB’s governing legislation on compensation to adopting parents of dependent children of a worker who has died from a workplace injury.

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Compensation to dependants

Adopting parent, etc., of dependent children

84 (1) This section applies if:

  1. a deceased worker leaves no surviving spouse or the surviving spouse subsequently dies;
  2. the deceased worker leaves one or more dependent children; and
  3. an adopting parent or a person who the board is satisfied is suitable acts as foster parent in maintaining the household and taking care of the dependent children in a manner that the board considers satisfactory.

(2) In the circumstances mentioned in subsection (1), the person mentioned in clause (1)(c), while acting in the capacity mentioned in that clause, is entitled to receive an allowance in the amounts set out in clauses 83(1)(a) to (c) for each dependent child until:

  1. the dependent child reaches the age of 16 years; or
  2. if the dependent child is in full-time attendance at a secondary or post-secondary institution, the dependent child reaches the age of 18 years.

(3) In addition to any compensation payable pursuant to subsection (2), the board may provide to that adopting parent or foster parent any amount that the board may determine.

Other relevant sections from The Workers’ Compensation Act, 2013:

Compensation to dependants

Compensation and expenses payable on death of worker – Section 80

Surviving dependent spouse  – Section 81

If dependants do not live together  – Section 82

Certain dependent children 18 to 25 years – Section 83

If there are only dependent children  – Section 85

Other dependants  – Section 86

Partial dependency  – Section 87

Proof of necessities, etc. – Section 88

General

Compensation reduced by certain benefits under Canada Pension Plan  – Section 95

Other benefits to be taken into account  – Section 96

If worker or dependant under legal disability  – Section 97

Board may fix periods of payment – Section 98

Suspension of payment  – Section 99

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