Document name

Retroactive Pensions (The Workers’ Compensation Act, 1974)

Document number

POL 61/1974

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:

1. A clearly identifiable disability that has been overlooked
2. Medical evidence of persisting disability; or
3. Evidence of a reduction in earnings that can be reasonably be attributed to the disability claimed.