Document name
Terminating Benefits – Notice Period
Document number
PRO 11/2021

Effective date: November 1, 2021

Application: Applies to all claims on or after the effective date.

Policy subject: Termination, reduction or suspension of benefits

Purpose:

To establish guidelines for providing additional benefits when a worker is able to return to work but no longer employer attached.

BACKGROUND

Policy section content
Section detail

POL 11/2021, Terminating Benefits – Notice Period, outlines when a worker is eligible to receive a notice period of earnings loss benefits when they are able to return to work, but no longer employer attached.  

PROCEDURE

Policy section content
Section detail

Notice Period – General

  1. When does a notice period of earnings loss benefits start?
    1. A notice period will start either:
      1. On the date in which worker is able to return to work, or
      2. The date in which a worker is notified that a decision has been made to reverse a previous decision.
    2. Operations staff must first inform a worker that their benefits are being terminated prior to a notice period commencing.
  2. What amount of earnings loss benefits does a worker receive during a notice period?
    1. Operations staff will issue the same level of earnings loss benefits the worker was receiving prior to the notice period starting (i.e., partial or full earnings loss benefits).
  3. What if the worker continues to have permanent restrictions because of their work-related injury?
    1. If a worker has permanent restrictions and a vocational rehabilitation program is unable to return them to suitable productive employment that eliminates all earnings loss, they may be eligible to receive long-term earnings loss benefits.
    2. Following a notice period, Operations staff may issue long-term earnings loss benefits considering the worker’s earnings capacity in suitable productive employment. (POL 01/2018, Benefits – Long-Term Earnings Loss).
  4. How does Operations staff notify a worker when their benefits are being terminated?
    1. Operations staff will first notify the worker verbally (e.g., face to face or over the phone), when benefits are being terminated, including the reason for termination. Verbal notification will be documented on the claim file.
    2. Operations staff must also provide written notice to the worker.
  5. What if a worker returns to work or begins receiving alternate financial support during a notice period of benefits?
    1. When providing notice to the worker that earnings loss benefits will be terminated, Operations staff will explain to the worker that they must notify the WCB immediately if they return to work or begin receiving alternate financial support during the notice period.
    2. If the worker returns to work or begins receiving alternate financial support during the notice period, Operations staff will reduce or terminate earnings loss benefits at the earlier date.
      1. If applicable, this may also include the creation of an outstanding overpayment.

Notice Period – When the worker is able to return to work

  1. How much notice may a worker receive if they do not have an employer once they are able to return to work?
    1. Operations staff may issue earnings loss benefits during a notice period as follows:
      1. If the worker received less than 12 months of earnings loss benefits, two (2) weeks’ notice.
      2. If the worker received more than 12 months of earnings loss benefits, two (2) weeks’ notice, plus an additional one (1) day notice for every full month they received benefits, up to twelve (12) weeks’ notice.
      3. If a worker chooses to relocate to obtain employment, if required they will receive a maximum period of two (2) weeks of full earnings loss benefits to support a period of settling into a new community prior to beginning or searching for employment (POL 02/2014, Vocational Rehabilitation – Moving Allowance).

Notice Period – When a decision is reversed

  1. How much notice may a worker receive if a reversed decision results in the termination of earnings loss benefits?
    1. Operations staff may issue earnings loss benefits during a notice period as follows:
      1. If the worker received less than 12 months of earnings loss benefits, two (2) weeks’ notice.
      2. If the worker received more than 12 months of earnings loss benefits, two (2) weeks’ notice, plus an additional one (1) day notice for every full month they received benefits, up to twelve (12) weeks’ notice.
      3. As directed by a Board Appeal Tribunal decision (POL 22/2013, Appeals – Board Appeal Tribunal).

Extension of Benefits

  1. Can Operations staff extend a notice period of earnings loss benefits?
    1. In exceptional circumstances determined on a case by case basis, Operations staff may provide or extend a notice period of benefits (POL 02/2019, Decision Making).
    2. When determining if a notice period should be extended, Operations staff will consider:
      1. What alternate supports the worker may be eligible to access, and
      2. What suitable productive employment the worker could obtain in the current job market.

Alternative Supports

  1. What alternative supports will a worker be advised upon the termination of earnings loss benefits?
    1. Operations staff will notify the worker both verbally and in writing of alternative supports the worker may be eligible to access at the start of a notice period.
    2. The WCB will publish information about alternate supports a worker may access on its website.
    3. A worker may request or Operations staff may offer counselling services to help them manage stress or anxiety they are experiencing because earnings loss benefits have been terminated. Operations staff may approve up to three hours of counselling services by a WCB accredited psychologist or counsellor.

Policy references

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Section heading

Legislative Authority

Section detail

The Workers’ Compensation Act, 2013
Sections 101(1), 111, 115(j).

Section heading

Document History

Section detail

(1)    POL and PRO 17/2010, Termination of Compensation Benefits – Notice (effective May 1, 2010 to October 31, 2021).
(2)    POL 11/2013, Bridging Program (effective February 1, 2014 to October 31, 2021).
(3)    January 1, 2014. References updated in accordance with The Workers’ Compensation Act, 2013 (Bill 58).
(4)    POL and PRO 11/2000, Bridging Program (effective November 20, 2000 to January 31, 2014).
(5)    POL 08/2001, Termination of Compensation Benefits – Notice (effective October 1, 2001 to April 30, 2010).
(6)    POL 36/83, Termination of Compensation in Long Term Earnings Loss Cases (effective July 22, 1983 to September 30, 2001).

Section heading

Complements

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