2010
Injuries - Hearing Loss (POL 01/2010 and PRO 01/2010)
This policy and procedure provide guidelines for the adjudication of hearing loss claims. All measurements for noise exposure will be in accordance with the Canadian Center for Occupational Health and Safety standards. The daily exposure time (over two or more years) required to qualify for an award will be reduced by half for every increase in noise of 3dBs above 85 decibels. A chart listing the maximum permitted daily duration of exposure to excessive noise is provided in the policy. Further, the procedure outlines how to prorate noise exposure when only a portion of the exposure occurred within the province.
Injuries - Communicable Disease (POL 02/2010 and PRO 02/2010)
This policy and procedure establish the guidelines for communicable disease injury claims. The policy outlines a number of conditions that must be met in order for the WCB to consider the injury to have arisen out of and in the course of employment. Eligibility for compensation will be based on known medical diagnosis provided in a medical report. An injury will not be considered as occurring where a worker elects to stay away from the workplace to avoid exposure or is subject to a precautionary quarantine. In addition, any adverse reaction to a mandatory employer sponsored immunization will be viewed compensable as long as the worker is medically required to be absent from work.
Dependent Spouses, Invalid Children and Other Dependents of Fatally Injured Workers (POL 03/2010 and PRO 03/2010)
This policy and procedure establish the guidelines for the payment of benefits to spouses and dependents of fatally injured workers. The policy states that the combination of all benefits paid to dependent spouses or other dependents, excluding payments made for dependent or invalid children, will not exceed the equivalent of full spousal benefits. In situations where a worker is survived by a dependent spouse and one or more additional dependents, the WCB will justly apportion any monthly allowance payable.
Coverage - Migrant Workers (POL 05/2010 and PRO 05/2010)
This policy and procedure clarifies that any migrant worker, regardless of citizenship and residency status, who begins employment in Saskatchewan for an employer, as defined under Section 2(f) of The Workers' Compensation Act, 1979, is considered a worker and is therefore covered by the WCB. In cases where the migrant worker wishes to return to their home country after an injury, the WCB will devise an appropriate plan that will meet the needs of the migrant worker. If a migrant worker leaves Saskatchewan without notifying the WCB, payments may be terminated.
Failure to Register a Business (POL 07/2010 and PRO 07/2010)
This policy supersedes POL 03/74, Retroactive Assessments and establishes the course of action when employers fail to register with the WCB. Employers are obligated to register with the WCB within 30 days of commencing or recommencing business. Where an employer fails to register, the WCB will retroactively assess an employer's payroll for the current year and the preceding 3 years in which the employer should have been registered. If it is found that an employer intentionally avoided registration, an employer will be liable for all premiums due for all the years in which the employer should have been registered. A late filing penalty of 5% will also be assessed on the premiums for each year that the WCB has determined that the employer should have been registered.
Return to Work - Temporary Helper (POL 08/2010 and PRO 08/2010)
This policy and procedure define the provision of temporary helpers in a return-to-work plan for self-employed or those employed under a contract for service. The WCB may assist an injured worker, who is unable to perform pre-injury duties, by reimbursing a temporary helper's wage. In general, the employment of the helper will be short-term based and will assist the injured worker in fulfilling his/her employment contract. The WCB reimbursement will not exceed ninety (90) percent of the injured worker's net earnings.
Safety and Security - Workplace (POL 09/2010)
This policy delegates the authority to provide a safe and secure workplace for WCB staff to the Chief Executive Officer (CEO) of the WCB. The WCB is committed to zero tolerance for all threatening and abusive behaviour. In turn, all WCB staff shall share in the responsibility of promoting a safe and secure workplace.
Interjurisdictional Agreement on Workers' Compensation (POL 10/2010)
This policy notes that compensation will be provided to injured workers or their dependents where work is performed partly within Saskatchewan and partly in another province or territory. It has been updated to note that Saskatchewan is participating in the Alternative Assessment Procedure for the Interjurisdictional Trucking Industry (POL 13/2008) for a three year pilot period.
Pension Commutation (Old Act) (POL 11/2010 and PRO 11/2010)
This policy and procedure update the guidelines established for the commutation of pensions under The Workers' Compensation Act, 1974 (the "Old Act"). An annual letter will be sent to all workers receiving wage loss benefits under the Old Act to advise them of their pension commutation options. The policy also provides a list of guiding principles by which these requests will be considered and for what purposes a commutation may be granted.
Verification of Earnings (POL 12/2010 and PRO 12/2010)
This policy and procedure has been updated to set out the guidelines for verifying earnings of injured workers. This policy now directs the WCB to recalculate and retroactively adjust long-term earnings replacement where verification confirms that a client's long-term earnings replacement was calculated with incorrect information. As well, where Canada Revenue Agency tax information is not available, the WCB may use other means of verification that will provide proof of earnings.
Capitalization of Claims (POL 14/2010 and PRO 14/2010)
This policy and procedure establish guidelines for the capitalization of claims receiving long-term earnings replacement (LTER). The WCB may capitalize a LTER claim that is expected to continue until the worker is age sixty-five (65). This allows the WCB to reduce the long-term effects of a claim on the employer's cost experience, as well as ensure the WCB's financial viability in the future. If a claim is capitalized, the capitalized amounts will be used to calculate the premium rates in the year in which they apply.
Fair Practices Office (POL 15/2010)
This policy, which set outs the mandate for the WCB Fair Practices Office (the "FPO"), has been updated to note that the FPO is appointed to make inquiries on behalf of the WCB by Section 27 of The Workers' Compensation Act, 1979. Further, access to information held by the FPO is subject to Section 171 of the Act and, therefore, information gathered by the FPO is only accessible by staff of the FPO. This information is considered privileged and is not accessible under the provisions of The Freedom of Information and Protection of Privacy Act.
Fatalities, Presumption (POL 16/2010 and PRO 16/2010)
This policy and procedure provide the guidelines for applying presumptive clauses in fatalities. This policy has been updated to indicate that a claim is to be accepted unless it can be proven beyond a reasonable doubt that the death did not arise out of and in the course of employment. This presumption extends to situations where a worker is found in a comatose state on a worksite and subsequently dies without the opportunity to provide details on the circumstances leading up to their collapse.
Termination of Compensation Benefits - Notice (POL 17/2010 and PRO 17/2010)
These documents establish guidelines for issuing a notice to terminate compensation benefits. Where the worker is sufficiently recovered from a work injury to resume pre-injury employment at pre-injury wage, but no longer has employment to return to, the WCB will provide a minimum of two weeks notice of termination of benefits. In addition, the WCB may refer workers to alternative support programs prior to the termination of benefits.
Medical Review Panels (POL 18/2010 and PRO 18/2010)
This policy and procedure establish the guidelines and process for workers or dependants to request a Medical Review Panel. A Medical Review Panel is a forum by which injured workers may resolve disputes on medical issues and consists of an independent body of medical practitioners. Requests for Medical Review Panels can only be requested once the internal WCB appeals process has been exhausted.
Medical Fees - Hearing Service Providers (PRO 50/2010)
This procedure establishes the standards for care and the fee schedule for WCB clients requiring hearing services. The new service fees and fee codes will apply to Saskatchewan Hearing Aid Plan (HAP) and private (non-HAP) hearing service providers accredited by the WCB. The service guidelines and fee schedule will be effective until December 31, 2014.
Medical Fees - Massage Therapy Service Providers (PRO 51/2010)
The WCB accepts massage therapy as a pain management modality and will authorize funding when specific conditions are met. This procedure provides the updated practice standards and fee schedule for massage therapy service providers as agreed upon by the WCB and the Massage Therapy Association of Saskatchewan (MTAS). Accredited massage therapists are now directed to invoice the WCB, rather than workers or employers. The new practice standards and fee schedule will apply to all claims on or after April 1, 2009.
Expenses - Travel and Sustenance - PSC Rates (PRO 52/2010)
This procedure was updated to provide the current rates at which WCB staff and clients are to be reimbursed for travel and sustenance expenses incurred while attending to WCB business. As this procedure is based upon rates established by the Public Service Commission (PSC), it is revised each time the PSC revises its travel and sustenance rates.
2009
Injuries - Psychological (POL 01/2009 and PRO 02/2009)
This policy and procedure establish guidelines for adjudicating psychological injury claims. Psychological injury claims are classified into two categories based on cause: acute cause or chronic cause. The former refers to injuries resulting from a specific, dramatic and sudden incident. Chronic cause claims result from a series of events or incidents over time. There are separate sets of eligibility criteria for chronic cause claims, depending on whether the psychological injury resulted from a series of events arising out of employment in a job where traumatic events may be experienced or from employment in a non-traumatic type job. Further, accepted psychological claims (both acute and chronic) will be considered for entitlement to a Permanent Functional Impairment award as outlined in PFI General Policy (POL 05/2007).
Employer Late Reporting of Injury Claims (POL 02/2009 and PRO 02/2009)
This policy and procedure establish guidelines for the prosecution of employers for late reporting of work injuries. Where an injury as defined by Section 2(k) of The Workers' Compensation Act, 1979 occurs, the employer must report the injury to WCB in accordance with Section 52 of the Act. Where it is determined that an employer has contravened Section 52 of the Act and has a chronic pattern of late reporting of injuries, WCB will provide the employer with a grace period in order to provide the employer with time to correct reporting problems. If the employer continues to be late in reporting injuries to WCB during the grace period, WCB will take further action, including the possibility of enforcement proceedings as provided for under Section 53 of the Act.
Suspension of Benefits (POL 03/2009 and PRO 03/2009)
This policy and procedure establish guidelines for the suspension of benefits. Suspension of benefits will result where loss of earnings is prolonged as a result of a client's (i.e., worker or dependent spouse) non-attendance or non-participation in an injury treatment program. Conversely, where non-attendance/non-participation has no effect on loss of earnings, benefits will not be suspended. Where non-participation is the result of a "good reason" (i.e., circumstances or matters beyond a client's control), a notice period of up to four weeks may be provided to the client in order to deal with the circumstances and return to treatment. An appendix (Appendix A) is attached to PRO 03/2009 as a guideline for determining what circumstances would be considered acceptable as a good reason.
Expenses - Travel & Sustenance - PSC Rates (PRO 04/2009)
PRO 04/2009 supersedes PRO 54/2008. This procedure provides the rates at which WCB clients and staff are reimbursed for travel and sustenance expenses incurred while attending to WCB business. As this procedure is based upon rates established by the Public Service Commission (PSC), it is revised each time the PSC revises its travel and sustenance rates. The PSC has just updated mileage rates and effective as of May 15, 2009, those rates are now 36.23 cents/km (ordinary) and 39.01 cents/km (north of the 54th Parallel). No other changes were made to travel and sustenance rates.
Fair Practices Office (POL 05/2009)
This policy confirms the mandate for the WCB's Fair Practices Office (the "FPO") and provides for the appointment of the Fair Practices Officer. The FPO, which is independent of WCB operations, was established in 2003. The Fair Practices Officer reports directly to the Board Members and is authorized to receive, investigate and resolve complaints about unfair practices in all areas of WCB service delivery raised by workers, employers, and external service providers. Where appropriate, the FPO will identify grievance trends, policy matters and systematic issues and will make recommendations to WCB managers for addressing them.
Benefits - Clients in Transition from WCB to SGI Benefits (POL 06/2009 and PRO 06/2009)
Occasionally, workers receiving benefits from the WCB are involved in non-work-related motor vehicle accidents that result in injury. This situation may result in the injured worker being caught between the compensation systems of the WCB and SGI. This policy and its complementary procedure establish guidelines to ensure workers continue to receive benefits from WCB until the worker can establish benefits with SGI. Further, where the worker sustains a work injury after being injured in a non-work-related motor vehicle accident, the worker's claim for WCB benefits will be adjudicated in accordance with POL 01/2000, Pre-Existing Conditions.
Injuries - Workers Acting as Good Samaritans (POL 07/2009)
The WCB recognizes that workers may encounter emergency situations in the course of their employment and that their natural response is to act as "Good Samaritans" and assist those who may be exposed to potentially serious harm. This policy establishes compensation benefits under The Workers' Compensation Act, 1979 for workers who are injured while assisting at an emergency situation encountered in the course of employment. Workers who encounter non-emergency situations in the course of employment, and choose to remove themselves from the course of employment to offer assistance, will not be covered. Examples are provided within the policy for both situations.
Classification of Industries - 2010 Premium Rates (POL 08/2009)
This policy is a regular annual update effective January 1, 2010. In October 2009, provisional premium rates were established using WCB's rate setting model. Preliminary premium rate consultation sessions with employers and their associations were held in Regina, Saskatoon and Prince Albert. Taking into consideration the feedback received from these meetings, WCB established the 2010 premium rates.
Translation Services (PRO 08/2009)
Acknowledging the Association of Workers' Compensation Boards of Canada's (AWCBC) principles on providing services to migrant workers, the WCB has established guidelines for offering translation services to clients. If a language barrier exists between the injured worker and the WCB, the worker will be entitled to free translation services. Translation services may be offered through a WCB staff member who is fluent in the client's language or via external services. The client may also provide their own translator (e.g., family member), who will be reimbursed for any actual salary loss at a rate not exceeding the maximum wage rate. Due to the exchange of personal information, translators are required to sign a confidentiality agreement.
Compensation Rate - Maximum - Section 38 (POL 09/2009)
This policy is a regular annual update effective January 1, 2010. Pursuant to Section 38 of The Workers' Compensation Act, 1979, the maximum wage rate for any worker who sustained a work-related injury before September 1, 1985 is to be increased to $65,000 per annum, effective January 1, 2010. However, this increase is subject to Section 38.1 of the Act, and is therefore limited to the maximum wage rate of $55,000.
Compensation - Dependent Spouse after Initial Entitlement (POL 10/2009)
This policy updates guidelines for estimating the earning capacity of dependent spouses of deceased workers. The tax exemption level of compensation payments to the dependent spouse will be the same as for the worker at the time of death. The exemption status for the dependent will not change for the initial entitlement period (5 years) as referenced in Section 83(1) of The Workers' Compensation Act, 1979. Section 83(2) of the Act extends this initial entitlement period where there are dependent children of the worker. Any entitlement thereafter will be 90 percent of the difference between the deceased worker's average weekly earnings and the dependent spouse's earnings from employment using the dependent spouse's current exemption status.
Medical Fees - Physical Therapy Services (PRO 50/2009)
This updated procedure is a result of discussions with the Saskatchewan Physiotherapy Association (SPA) for developing service guidelines and fee schedules for physiotherapy services. It recognizes SPA as the representative of physical therapists accredited with the WCB and notes that the service guidelines and fee schedule provided in the procedure will remain in effect until a new agreement is reached.
Medical Fees - Physicians (PRO 51/2009)
The WCB and the Saskatchewan Medical Association (SMA) have reached an agreement regarding the treatment of injured workers, reporting to the WCB, and the remuneration of physicians licensed to practice in Saskatchewan. The agreement directs that all physician service rates will be adjusted annually using the negotiated SMA - Saskatchewan Ministry of Health General Practitioner Composite Index. This agreement will remain in effect until March 31, 2013.
Expenses - Travel and Sustenance - PSC Rates (PRO 53/2009)
This procedure was updated to provide the current rates at which WCB staff and clients are to be reimbursed for travel and sustenance expenses incurred while attending to WCB business. As this procedure is based upon rates established by the Public Service Commission (PSC), it is revised each time the PSC revises its travel and sustenance rates. The PSC has just updated mileage rates and effective as of October 1, 2009, those rates are now 36.85¢/km (ordinary) and 39.68¢/km (north of the 54th Parallel).
Minimum Average Weekly Earnings - Section 70(5) (PRO 54/2009)
This procedure is an annual update. It establishes the minimum average weekly earnings for workers injured on or after January 1, 1980 and who have been receiving wage loss compensation for more than 24 months. In accordance with Section 70(5) of The Workers' Compensation Act, 1979, the minimum is to be set at not less than two-thirds of Saskatchewan's average weekly wage as of June preceding the year in which the review of the compensation occurs. Effective January 1, 2010, the minimum average weekly earnings will not be less than $536.89.
Minimum Compensation - Section 76 (PRO 55/2009)
In accordance with Section 76(b) of The Workers' Compensation Act, 1979, on and after January 1, 1983, minimum compensation is to be not less than 50 percent of the average weekly wage as of June preceding the year in which the review of compensation occurs, or where the worker's average earnings are less than that amount, the amount of those earnings. Effective January 1, 2010, the minimum compensation will not be less than $1,744.89 per month, or the actual amount of the worker's average earnings.
Penalty, Default in Assessment (PRO 56/2009)
In accordance with Section 8 of The Workers' Compensation General Regulations, 1985, the Bank of Canada's interest rate effective October 31st of the prior year will be added annually to 6% to arrive at the penalty to be applied when an employer fails to pay premiums required by The Workers' Compensation Act, 1979. Effective January 1, 2010, the annual penalty rate will be 6.5% with a monthly rate of 0.54%.
Consumer Price Index - 2009 Increase (PRO 57/2009)
Section 69 of The Workers' Compensation Act, 1979 requires that compensation amounts be adjusted annually by the percentage increase in the Consumer Price Index (CPI). The basis for any increase is the average of percentage increases in the Regina and Saskatoon All-Items CPI for the 12 months ending on November 30 in each year. For 2010, entitlements will be increased 0.9% due to the CPI increase.
Calculation of Net Compensation Payable (PRO 58/2009)
Section 68(4) of The Workers' Compensation Act, 1979 states the WCB must annually establish a schedule of earnings for the purposes of Section 68(3)(b). Therefore, when there are any legislated changes to the income tax deductions either federally or provincially and these changes become available, the WCB will publish revised tables of earnings and incorporate them into the calculation of net earnings loss. The current changes to the system tables are effective January 1, 2010.
2008
Suspension of Benefits - Pregnancy (POL 01/2008)
This policy has been updated to clarify that where the pregnancy and conditions related to the pregnancy are the sole reason for interruption or delay in returning to work (i.e. worker has recovered from work injury); or the pregnancy has terminated (i.e. through childbirth) and non work-related factors cause a delay in treatment or vocational programming, earnings loss benefits will be suspended. Up to four weeks will be provided for the worker to access alternate income maintenance plans (i.e. Employment Insurance benefits).
Compensation - Layoff, Strike or Lockout (POL 02/2008)
This policy has been updated to clarify the level of compensation benefits available in the event of short or long-term interruption to return-to-work programming as a result of strike, layoff or lockout. Where the worker is declared fit for full pre-injury employment while the layoff, strike, or lockout continues, benefits will cease.
Offset of Canada or Quebec Pension Plan Benefits (POL 03/2008)
This policy updates and amalgamates five former policies related to the partial or full offset of Canada or Quebec Pension Plan Benefits when workers are also in receipt of WCB compensation benefits. In accordance with Section 99 of the Act, offset of CPP/QPP benefits is to be effective after a client has received 12 months of WCB benefits in total per injury.
PFI - Occupational Disease (POL 04/2008)
The policy has been updated to provide the maximum PFI award in cases of terminal occupational disease when it is medically confirmed the disease has resulted in a degree of impairment. Workers may also be eligible for an independence allowance in order to maintain a reasonable degree of independence. No PFI will be payable in cases of fatality except where POL 06/78 - PFI - Fatal Claims applies.
Interjurisdictional Agreement on Workers' Compensation (IJA) (POL 05/2008)
This policy updates the IJA that provides compensation to workers or their dependents where work is performed partly within Saskatchewan and partly in another province or territory.
2007
Experience Rating Program (POL 01/2007)
In December 2005, WCB received feedback from stakeholders in regards to the 2006 changes to the Experience Rating Program. As a result, the Experience Rating Review Committee provided recommendations for changes to the program for 2007, approved under this new policy and its complementary procedure (PRO 01/2007).
Initial Entitlement & (Re) Employment Assistance-Dependent Spouses (POL 02/2007)
In accordance with Sections 83 and 97 of the Act, this new policy specifies initial entitlement to benefits and re-employment assistance for dependent spouses where the death of the worker may or may not be due to the compensable injury.
Calculation of Net Compensation Payable (POL 03/2007)
In accordance with Section 68(4), this policy and its complementary procedure (PRO 03/2007) establishes a table of earnings for the purposes of calculating net compensation under Section 68(3)(b). For all legislated changes to the base calculations, WCB will publish revised tables of earnings and incorporate them into the calculation of "net earnings loss" when income tax changes become available. A worker's net earnings will be based on gross earnings, less the probable deductions for tax credits and/or tax exemptions the worker has authorized the employer to deduct from employment earnings at the commencement of the loss of earnings. Any changes following the initial commencement of loss of earnings will be adjusted prospectively on the anniversary date of the claim.
Third Party Actions/Subrogation (POL 04/2007)
This new policy and its complementary procedure PRO 04/2007 outline the circumstances under which a worker has a right of action against an employer or where the WCB may take steps to recover the costs of accepted work-related claims. In addition, there is a provision included to ensure employers are provided cost relief where WCB is successful in pursuing third party/subrogation actions.
PFI - General (POL 05/2007 and PRO 05/2007)
This policy and procedure have been updated to clarify that WCB will review a worker's eligibility for other entitlements such as independence allowance (IA) where a permanent functional impairment (PFI) award is reduced upon reassessment. WCB will not seek retroactive recovery based on the original PFI rating, but, where applicable, the worker's IA will be reduced or discontinued effective the first of the month following the date of the decision to reduce the PFI award. In addition, a new provision for awarding a PFI for psychological impairment is now included in the policy.
Coverage - Students in Work-Based Learning Assignments (POL 06/2007 and PRO 06/2007)
This policy and procedure has been updated to extend coverage to post-secondary students who are completing their education out of province but are returning to Saskatchewan for the work-based learning portion of their curriculum.
Voluntary Relocation Outside Canada (POL 07/2007 and PRO 07/2007)
This policy and its complementary procedure PRO 07/2007 has been updated to allow clients residing outside of Canada to choose electronic transfer of funds where a bank account is domiciled in Canada. Providing this option will enhance customer service by ensuring the payment of benefits in a timely and efficient manner.
Compensation Rate - Where No Earnings at Disablement or Death (POL 08/2007)
This policy has been updated to clarify the provisions for those clients who, under various circumstances, have no earnings at the time of disability or death on which to base compensation benefits. The WCB interprets the intent of the legislation not to penalize the worker who persisted in employment initially, nor to deny benefits where the nature of the injury does not produce disability or death immediately.
Classification, Change Of (POL 09/2007 and PRO 09/2007)
This policy and procedure sets out the circumstances under which WCB will change an employer's classification: where the nature of the business changes and the current industry classification is no longer appropriate; or, the nature of the business has not changed but the firm has been misclassified.
Disfigurement Awards (POL 10/2007 and PRO 10/2007)
This policy and procedure is updated to ensure disfigurement awards are to be made in accordance with the established formulae at the time of assessment. Case Managers are generally responsible for evaluating disfigurement awards, however, a WCB Medical Consultant will do so where examination is undertaken to assess a permanent functional impairment (PFI) and disfigurement is also apparent, or where the worker's privacy is at issue.
Injuries - Fire Fighters (POL 11/2007)
This policy has been updated as a result of amendments to section 29.1 of the Act to expand the types of cancers acceptable for presuming occupational disease for fire fighters and prescribes minimum periods of employment for each under section 22.3 of the General Regulations. Also new to legislation is the provision for cardiac injuries that manifest within 24 hours after attendance at an emergency response. In the case of primary site lung cancer, a new section 22.4 prescribes the minimum periods for which a fire fighter must be a non-smoker for the presumption of occupational disease.
Injuries - Cardiac (POL 12/2007)
This policy has been updated as a result of amendments to section 29.1 of the Act and section 22.3 of the General Regulations. Where a fire fighter suffers a heart attack within 24 hours after attendance at an emergency response, it is presumed to be an occupational disease. No minimum period of employment applies.
Pension Commutation (Old Act) (POL 14/2007)
Consistent with the guiding principles for which pension commutations are to be granted for workers under the Old Act (prior to 1980), this policy and its complementary procedure updates the process by which a worker may request this option.
Classification of Industries - 2008 Premium Rates (POL 15/2007)
This policy established the 2008 premium rates. Classification reviews for the Education and Forestry industries resulted in adjustments to the composition of the G11 and G12 rate codes and F31 has been reclassified to M33.
Funding Policy (POL 16/2007) and Funding Procedure (PRO 16/2007)
This policy and its complementary procedure has been updated to ensure the targeted range estimated for the Injury Fund and the levels of the various reserves reflect today's environment while maintaining a fully funded status that is consistent with the statutory requirements of the Act.
Compensation Rate - Maximum, 2008 - Section 38 (POL 17/2007)
Effective 01 January 2008, this policy has updated the maximum wage rate for any worker sustaining injury before 01 September 1985. Although calculated to be $59,000 per annum, Section 38.1 limits the maximum compensation rate to $55,000.