Document name
Retroactive Pensions (The Workers’ Compensation Act, 1974)
Document number
POL 61/1974

Effective date: January 1, 1975

Application: All Claims.

Policy subject: Annuities and pensions

Purpose:

To establish guidelines for paying retroactive permanent disability entitlement.

BACKGROUND

Policy section content
Section detail

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.

POLICY

Policy section content
Section detail

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.

Policy references

Policy reference content

Section heading

Act Sec #

Section detail

The Workers’ Compensation Act, 1974 Section 70

Section heading

Amendment

Section detail

01 January 2014. References updated in accordance with The Workers’ Compensation Act, 2013

Section heading

Supersedes

Page/document title
n/a

Section heading

Complements

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n/a

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