Document name

Interest on Benefits Accruing from Successful Appeals

Document number

POL 14/2016

Delays in appeal decisions could cause workers or dependants financial hardship. Therefore, if a successful appeal decision is delayed, The Workers’ Compensation Act, 2013 (the “Act”) authorizes the WCB to issue interest based on earnings loss benefits payable as a result of the decision (Section 115).

1. The WCB strives to issue written appeal decisions in accordance with the following timelines:
   1. Appeals – 30 calendar days from when the WCB receives the appeal.
   2. Board Appeal Tribunal – 120 calendar days from when the WCB receives the appeal.
2. If a successful appeal decision is delayed beyond the timeframes noted above, the WCB may issue interest based on earnings loss benefits payable as a result of the decision. Earnings loss benefits are the compensation payments for the earnings loss incurred beyond the day of injury by a worker as a result of a workplace injury. Earnings loss benefits are based on the worker’s gross earnings up to the maximum insurable amount and include short-term and long-term benefits or commutation payable under the Act.
3. The WCB may issue interest based on earnings loss benefits payable as a result of the decision as follows:
   1. Appeals – From the 31st calendar day from when the WCB receives the appeal to and including the day the WCB pays earnings loss benefits because of the appeal decision.
   2. Board Appeal Tribunal – From the 121st calendar day from when the WCB receives the appeal to and including the day the WCB pays earnings loss benefits because of the appeal decision.
4. The WCB will only issue interest if the delay is a result of factors out of the worker’s control (e.g., backlogs at the WCB, etc.). The WCB will not issue interest if the delay is caused by the worker, their representative, or the Workers’ Advocate.
5. The WCB will only issue interest to the:
   1. Worker.
   2. Estate.
   3. Dependant spouse (when Sections 81 or 93 apply), or
   4. Dependants (when Section 93 applies).
6. The rate of interest is the Bank of Nova Scotia's prime rate on the date the WCB issues the interest payment.
7. If an employer continues paying the worker’s salary, no interest is payable to either party.