Effective date: June 1, 2016
Last updated: April 12, 2016
Application: All claims on long-term earnings replacement.
Policy subject: Benefits for workers - Long term benefits
Purpose:To establish guidelines for annual earnings verification for claims receiving long-term earnings loss benefits.
Customer means an injured worker or surviving dependent spouse.
- Customers entitled to compensation are required to provide any proof of claim that the WCB requires (Section 44(2) and Section 47(1)).
- Payments made to a customer may be reviewed by request of the WCB, the worker, their dependent or the worker’s employer. Upon review, the WCB may terminate, diminish or increase payments to a worker (Section 100(1)(2)).
- Canada or Quebec Pension Plan (CDP/QPP) Disability Benefits may offset a worker’s earnings loss benefits (Section 95).
- The WCB will complete ongoing reviews of a worker’s actual or estimated earnings, when they are entitled to long-term earnings loss benefits as established through POL & PRO 01/2018, Benefits – Long-Term Earnings Loss.
- Annually, the WCB will review wage loss benefits:
- If a worker has been in receipt of wage loss benefits for a period in excess of 12 consecutive months.
- A worker is unable to return to pre-injury earnings, or
- Where a dependant spouse is in receipt of wage loss benefits (Section 81(6)).
- The WCB will review a customer’s information received from the Canada Revenue Agency (CRA), to verify their:
- Tax exemption status, and
- If they receive CDP or survivor’s benefits.
- Annual verification will ensure that the information used for calculating long-term earnings loss benefits is reflective of the actual or estimated earnings of the customer.
- If CRA tax information is unavailable, the WCB may use alternate means of verifying a customer’s earnings and tax exemption status.
- The WCB will recalculate and increase or decrease long-term earnings loss benefits if it is determined that information used to calculate the benefit was incorrect.
- The WCB will pursue all overpayments resulting from a recalculation (POL 17/2016, Overpayment Recovery – Compensation.
- The WCB will not recalculate and retroactively adjust long-term earnings loss benefits to include salary increases or promotions effective after the day of injury that change pre-injury earnings.
Act Sec #
Act Sec #
Print or share this page with others