Policy section content
Section detail
- Section 69(1) of The Workers’ Compensation Act, 2013 (the “Act”) states that the “calculation of the loss of earnings for the purposes of subsections 32(2) and 68(1) and Sections 71 and 72 must be based on the difference between:
- the worker’s average weekly earnings at the commencement of the worker’s loss of earnings resulting from the injury, adjusted annually by the percentage increase in the Consumer Price Index; and
- the weekly earnings that the worker is receiving from employment.”
- Section 69(2) of the Act states “for the purposes of subsection (1), the percentage increase in the Consumer Price Index must be the percentage increase for the 12 months ending on November 30 in each year, and that percentage increase must be applied to the average weekly earnings of the worker on the anniversary date of the commencement of the worker’s loss of earnings resulting from the injury in the year following the year in which the calculation is made.”
- Section 69(3) of the Act states “notwithstanding subsections (1) and (2), if the result of an adjustment pursuant to clause (1)(a) is to make the worker’s average weekly earnings for a year greater than one fifty-second of the maximum wage rate for that year, the worker’s average weekly earnings must be set at one fifty-second of the maximum wage rate.”
- Section 72 of the Act states that “if an injured worker returns to full employment and afterwards suffers a recurrence of the injury, the compensation payable to the worker must be based on the positive difference, if any, between:
- the amount that is the greater of:
- the worker’s weekly earnings at the time of the commencement of the worker’s loss of earnings resulting from the injury when the injury was initially sustained; and
- the worker’s weekly earnings at the time of the worker’s loss of earnings resulting from the recurrence of the injury; and
- any compensation the worker is already receiving with respect to that injury.”
- the amount that is the greater of:
