Suspension of Benefits – While Incarcerated
PRO 10/2016

Effective date: October 1, 2016

Application: All claims on or after the effective date.

Policy subject: Termination, reduction or suspension of benefits

Purpose:

To establish guidelines for the suspension of compensation benefits to an injured worker or other person where a worker is incarcerated.

BACKGROUND

  1. The Workers’ Compensation Board (WCB) has approved POL 10/2016, Suspension of Benefits – While Incarcerated.
  2. The WCB recognizes that a worker who is incarcerated is unavailable for employment.
  3. The following procedure provides guidelines for WCB staff when determining whether to suspend the benefits of an injured worker or other person where a worker is incarcerated.

PROCEDURE

  1. The WCB will suspend the wage loss benefits of an incarcerated worker or other person effective the date of incarceration.
  2. A notice of suspension will be issued to the worker or other person explaining the decision.
  3. Requests to have benefits redirected to a dependant or other person will only be considered in cases where the suspension of benefits would place the dependant or other person in grave financial hardship. A Operations staff will be responsible for determining whether a dependant or other person meets this eligibility criterion.
  4. If benefits are redirected, the amount paid to a dependant or other person will be equivalent to the amount of compensation paid to the injured worker prior to incarceration.
  5. Benefits will not be redirected where a dependant or other person are already receiving a support service (e.g., social services).
  6. Benefits that have been redirected to a dependant or other person will continue for a maximum of four weeks or until the dependant or other person qualifies for an alternate source of income, whichever comes first. The notice period will be effective the first payable day, on or after a worker’s incarceration date.
  7. When appropriate, Operations staff will provide non-financial assistance to a dependant or other person. For example:
    1. Referral to an appropriate support agency, or
    2. Assistance with completion of an application for an alternate source of support.
  8. All decisions to suspend benefits will be monitored and approved by a Team Leader or Claims Entitlement Supervisor of Operations.

Policy references

Legislative Authority

The Workers’ Compensation Act, 2013

100

Document History

n/a

Complements

POL 10/2016 Suspension of Benefits – While Incarcerated
POL 10/2021 Suspension of Benefits

Two people signing documents
Two people signing documents

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