Document name

Terminating Benefits – Notice Period

Document number

POL 11/2021

Suitable productive employment means work that:

• The worker can do given their employability assessment and transferable skills analysis.
• The worker can functionally perform, given the medical restrictions imposed by the work injury and any non-compensable medical restrictions existing at the time of the injury.
• Will not endanger the health and safety of the worker or others.
• Contributes meaningfully to the operation of the business.

1. The Workers’ Compensation Act, 2013 (the “Act”) states that the Workers’ Compensation Board (WCB) may terminate or reduce payment to a worker where their loss of earnings is not related to the effects of the injury (Section 101(1)(a)).
2. The WCB may also terminate payment after the completion of a vocational rehabilitation program and the worker has been allowed reasonable time to obtain employment (Section 101(1)(b)(iii)).
3. The suspension and reduction of benefits outlined in Section 101(1)(b) of the Act are covered in POL 01/2018, Benefits – Long-Term Earnings Loss and POL 10/2021, Suspension of Benefits.

1. A worker is eligible to receive earnings loss benefits until:
   1. The effects of the work injury are no longer the cause of their inability to work, and
   2. They are able to return to work.
2. The WCB considers a worker able to return to work if they have sufficiently recovered from the work injury (i.e., physical or psychological) and are able to:
   1. Resume their pre-injury employment that eliminates all loss of earnings, or
   2. Perform other suitable productive employment.

Notice Period – General

3. The WCB may provide a worker with a notice period before terminating earnings loss benefits if:
   1. The worker does not have an employer to return to once it is determined they are able to return to work.
   2. The worker cannot return to employment for non-compensable personal reasons, or
   3. WCB has reversed a decision which results in earnings loss benefits being terminated (POL 23/2014, Reversing Decisions).
4. A notice period is not provided if:
   1. The worker returns to employment that eliminates partial or all earnings loss, or
   2. The worker does not have an employer to return to because they withdrew from the labour force (i.e., quit) or were terminated by their employer after returning to work for reasons not related to the work injury.
5. Benefits will be reduced or terminated if the worker returns to employment or begins receiving other alternative financial support before the notice period ends.
6. The WCB is not obligated to pay benefits when a loss of earnings is no longer related to a work injury.
   1. A notice period may be provided when a worker is no longer employed and able to return to work or a decision is reversed.
   2. During a notice period, a worker is provided earnings loss benefits while they search for employment or access alternate financial support (e.g., Employment Insurance).
7. If the worker returns to work or begins receiving alternate financial support during the notice period, Operations staff will reduce or terminate earnings loss benefits at the earlier date.

Notice Period – When the worker is able to return to work

8. If a worker does not have an employer to return to once they are able to return to work, the WCB may provide the following notice period during their job search or while they access alternate benefits:
   1. If the worker received less than 12 months of earnings loss benefits, two (2) weeks’ notice.
   2. If the worker received more than 12 months of earnings loss benefits, two (2) weeks’ notice, plus an additional one (1) day notice for every full month they received benefits, up to twelve (12) weeks’ notice.
   3. If a worker chooses to relocate to obtain employment, the WCB may also issue a maximum period of two (2) weeks of full earnings loss benefits to support a period of settling into a new community prior to beginning or searching for employment (POL 02/2014, Vocational Rehabilitation – Moving Allowance).

Notice Period – When a decision is reversed

9. If a reversed decision results in the termination of earnings loss benefits, the WCB may provide:
   1. If the worker received less than 12 months of earnings loss benefits, two (2) weeks’ notice.
   2. If the worker received more than 12 months of earnings loss benefits, two (2) weeks’ notice, plus an additional one (1) day notice for every full month they received benefits, up to twelve (12) weeks’ notice.
   3. A notice period as directed by a Board Appeal Tribunal decision (POL 22/2013, Appeals – Board Appeal Tribunal).

Extension of Benefits

10. In exceptional circumstances determined on a case by case basis, Operations staff may provide or extend a notice period of benefits (POL 02/2019, Decision Making).

Alternative Supports

11. The WCB will advise a worker of alternative supports they may be eligible to access (e.g., Employment Insurance) at the start of a notice period.
12. A worker may benefit from additional support (e.g., to help manage stress or anxiety) following earnings loss benefits being terminated. The WCB may approve up to three hours of counselling services by a WCB accredited psychologist or counsellor.
13. Information specific to alternative support options is also available on www.wcbsask.com.

Cost Relief

14. Employers are not provided cost relief for a notice period prior to the termination of earnings loss benefits.
15. When a decision is reversed, the claims costs incurred from a notice period will be applied as part of the overpayment and removed from the employer’s claims experience (PRO 17/2016, Overpayment Recovery – Compensation).