Retroactive Pensions (The Workers’ Compensation Act, 1974)
Effective date: January 1, 1975
Application: All Claims.
Policy subject: Annuities and pensions
To establish guidelines for paying retroactive permanent disability entitlement.
A number of claims have been approved with awards for Permanent Disability and with retroactive effect. In some cases, awards have included many years of retrospective compensation despite the absence of medical evidence of continuing disability or reduction in earnings. In some instances it is doubtful if permanent disability benefits would have been payable for such periods under the then-current policy of the Board.
Retroactive entitlement to permanent disability compensation shall be granted only where there is:
- A clearly identifiable disability that has been overlooked
- Medical evidence of persisting disability; or
- Evidence of a reduction in earnings that can be reasonably be attributed to the disability claimed.
Act Sec #
Act Sec #
The Workers’ Compensation Act, 1974 Section 70
01 January 2014. References updated in accordance with The Workers’ Compensation Act, 2013
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