Document name
Benefits – Concurrent Claims
Document number
PRO 22/2010
Effective date: February 3, 2012
Application: Customers with two or more concurrent claims, one of which is subject to Section 70(5) or Section 69(2) of the Act, on and after the effective date.
Policy subject: Benefits - General
Purpose:
To establish guidelines on how to provide compensation to workers that experience concurrent earnings loss claims.
BACKGROUND
- The Workers’ Compensation Board (WCB) has approved POL 22/2010, Benefits on Concurrent Claims, which establishes guidelines on how to provide compensation to workers that experience concurrent earnings loss claims.
- The following procedure provides guidance for the implementation of POL 22/2010.
PROCEDURE
- Where the worker has two or more concurrent earnings loss claims and has been in receipt of earnings loss benefits for 24 consecutive months on the most current claim, the wage base on that claim may be subject to an adjustment under Section 70(5) of the Act.
- Where the wage base on the most current claim is subject to an increase called for by Section 70(5) or 69(2) of the Act, WCB staff will review the amount of earnings deducted on the initial claim. Where the earnings deduction used in the calculation of earnings loss benefits on the initial claim are found to be less than the adjusted wage base on the most current claim, the amount deducted as earnings on the initial claim will be increased to an amount equal to the adjusted wage base on the most current claim.
- Where the wage base on the most current claim increases above the earnings deduction on the initial claim, either due to the application of Section 70(5) or Section 69(2) of the Act, WCB staff will calculate earnings loss benefits on the initial claim with the following formula:
- The Operations staff will provide the worker with a full explanation of any adjustments made in accordance with POL 22/2010, Benefits on Concurrent Claims.
90 per cent of the net wage base |
_ |
90 per cent of net earnings based on the amount of the adjusted wage base on the most current claim |
Policy references
Section heading
Legislative Authority
Legislative Authority
The Workers’ Compensation Act, 2013
2(1)(a), 68(1), 69(2), 70(1), 70(5), 101
01 January 2014. References updated in accordance with The Workers’ Compensation Act, 2013
Section heading
Document History
Document History