Read excerpts from the WCB’s governing legislation on compensation to dependants reduced by certain benefits under CPP for a worker who has died.
95 (1) In this section, “periodic benefits” means periodic benefits relative to the death or injury of a worker that the worker or the worker’s surviving spouse is entitled to receive pursuant to the Canada Pension Plan or the Québec Pension Plan.
(2) On the expiration of 12 months from the date of commencement of the worker’s loss of earnings resulting from the injury, one-half of the worker’s or the worker’s surviving spouse’s periodic benefits are to be considered as wages that the worker is capable of earning for the purposes of:
(3) Subsection (2) does not apply to benefits paid pursuant to subsection 70(5), sections 74 and 77, clause 81(1)(b) and sections 83, 84, 85 and 89.
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
Adopting parent, etc., of dependent children – Section 84
If there are only dependent children – Section 85
Other dependants – Section 86
Partial dependency – Section 87
Proof of necessities, etc. – Section 88
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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