WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL

Size: px
Start display at page:

Download "WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL"

Transcription

1 2004 ONWSIAT 737 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1960/03 [1] This written appeal was considered in Toronto on March 31, 2004, by Tribunal Vice-Chair E.J. Sajtos. THE APPEAL PROCEEDINGS [2] The worker appeals the decision of an Appeals Resolution Officer dated February 6, That decision concluded that the worker was not entitled to a recalculation of his final (R2) future economic loss (FEL) award effective March 1, [3] The worker was represented by Mr. Evangelista, a consultant. The employer is no longer active. THE RECORD [4] The Vice-Chair considered as evidence the Case Record, two Addenda and correspondence dated August 27 and September 18, [5] Mr. Evangelista provided undated written submissions. THE ISSUES [6] The Vice-Chair must determine whether the worker is entitled to a recalculation of his R2 FEL award effective March 1, THE REASONS (i) Background [7] The worker was employed with the accident employer as a Health Care Aid from June On December 16, 1992, she developed bilateral shoulder pain and was subsequently diagnosed with tendonitis. There was no lost time until May 17, Benefits were granted based on the heavy work that was required in the job. [8] The worker was assessed at a Regional Evaluation Centre on September 17, 1993 and it was concluded that she had non-specific shoulder pain and possible fibromyalgia. The Board held that she was able to return to her pre-accident employment effective November 16, Benefits were terminated in November 1993, but the worker did not return to work until early 1994, after being diagnosed by a rheumatologist in January 1994 with mechanical neck pain, incomplete fibromyalgia and chronic pain disability. Initially, the Board found that the fibromyalgia was related to the worker s mechanical neck pain and not the compensable injury.

2 Page: 2 Decision No. 1960/03 [9] On February 24, 1996, the worker was assisting to lift an elderly resident. She lost her grip and sustained an injury to her right arm when she and the resident fell onto a bed. The Board granted benefits until May 2, 1996 based on an aggravation of her non-compensable fibromyalgia. [10] An Appeals Resolution Officer, in a decision dated November 4, 1997, concluded that: 1. The worker was not entitled to benefits for a neck injury arising out of the December 16, 1992 disablement claim. 2. The worker s fibromyalgia arose out of the December 16, 1992 disablement claim. 3. The worker was entitled to temporary total disability benefits from November 16, 1993 until she returned to her employment in The worker s injury of February 24, 1996 was a recurrence of the December 1992 claim and the two files were amalgamated. 5. The worker was entitled to temporary total disability benefits from May 3, 1996 until October 31, 1996 and temporary partial disability benefits until a FEL determination. [11] The initial FEL (D1) effective March 1, 1997 was based on the vocational objective of medical secretary with a 26.80% award granted. Commencing December 19, 1997, the worker received a FEL supplement based on her participation in a retraining program and subsequent job search. [12] In April 1998, the worker was granted a 10% non-economic loss (NEL) award for her fibromyalgia condition. [13] At the first FEL review (R1), effective March 1, 1999, the award was calculated at % based on the employment goal of medical secretary. She continued to receive a FEL supplement until June 1, 2000 when her job search was concluded. [14] The final FEL was effective March 1, The Board concluded that the worker was capable of achieving the maximum hourly rate as a medical secretary and she was granted a sustainability award. (ii) Law and Policy [15] On January 1, 1998, the Workplace Safety and Insurance Act (WSIA) took effect. This legislation amends portions of the Workers Compensation Act (WCA), which continues to apply to the injuries that occurred before January 1, [16] In addition, the jurisdiction of the Appeals Tribunal is now prescribed by section 123 of the WSIA, with necessary modifications. [17] Section 43 of the Workers Compensation Act, in part, states: 43(1) A worker who suffers injury resulting in permanent impairment or resulting in temporary disability for twelve continuous months is entitled to compensation for future loss of earnings arising from the injury.

3 Page: 3 Decision No. 1960/03 (2) An injured worker ceases to be eligible for compensation for future loss of earnings when the worker reaches sixty-five years of age. (3) Subject to subsection (8), the amount of compensation payable to a worker for future loss of earnings arising from an injury is equal to 90 per cent of the difference between, (a) the worker's net average earnings before the injury; and (b) the net average earnings that the worker is likely to be able to earn after the injury in suitable and available employment. (7) For the purposes of subsection (3), in determining the amount that a worker is likely to be able to earn in suitable and available employment, the Board shall have regard to, (a) the net average earnings, if any, of the worker at the time the Board determines compensation under this section; (b) any disability payments the worker may receive for the injury under the Canada Pension Plan or the Quebec Pension Plan; (c) the personal and vocational characteristics of the worker; (d) the prospects for successful medical and vocational rehabilitation of the worker; (e) what constitutes suitable and available employment for the worker; and (f) such other factors as may be prescribed in the regulations. (iii) The Vice-Chair s reasons [18] In a Labour Market Re-entry Plan, dated September 28, 1998, it was noted that the worker agreed to participate in a Medical Office Assistant Program at the Toronto School of Business for employment targets of medical secretary and/or receptionist. [19] A labour market information sheet from Human Resources Development Canada (HRDC) for a Medical Office Assistant was provided noted as NOC In the section entitled Labour Market Outlook, it was noted that occupational groupings for this NOC included: Admitting Clerk, Answering Service Operator, Business Receptionist, Dental Receptionist, Hospital Admitting Clerk, Medical Receptionist, Reception Clerk, Receptionist, Switchboard Operator and Telereceptionist. [20] In a memorandum dated November 1998, the Claims Adjudicator considered the worker s entitlement to benefits for her D1 FEL award. It was noted that the worker was to be sponsored in the Medical Office Assistant program. The NOC s used to calculate the FEL award were #1241 (General Secretary) and #1243 (Medical Secretary). The R1 FEL was calculated based on the same vocational goals of general and medical secretary. [21] The worker graduated from the Medical Office Assistant Program in November [22] In a Labour Market Re-entry Services Completion Report, dated June 6, 2000, it was noted that the worker was 43 years of age and had standard restrictions for a bilateral shoulder injury. The vocational goal was that of a medical secretary. But, the worker reported that she felt that she would obtain employment in the near future in sales and customer service. Benefits were terminated effective May 31, At the end of the report, the Case Manager noted that the vocational goal was Medical Office Secretary NOC#1414 Wages $7.25/hr. (HRDC report)

4 Page: 4 Decision No. 1960/03 [23] The FEL adjudicator, in a memorandum dated April 18, 2002, reviewed the worker s entitlement to a R2 FEL award. It was reported that the worker had been provided with a retraining program and six month job search assistance, which expired on May 31, It was decided that the R2 award would be based on an average of the maximum hourly rate of the two vocational goals identified, which were the NOC (General Secretary) at $19.76 and NOC (Medical Secretary) at $ The gross weekly projected earnings were based on what the worker would have earned had she been performing these jobs for the past three years. The average was found to be $19.39 per hour that the worker was deemed capable of earning and thus she was only entitled to a FEL sustainability award, as there was no deemed wage loss. [24] Operational Policy Manual, Document No , Reviewing FEL benefits, stipulates that when the final FEL review is undertaken, the Board deems the worker s earnings using up-to-date wage guide information, and, if the worker is not employed at the final review, the amounts a fully experienced worker would earn in the SEB identified. [25] The Vice-Chair is persuaded that the SEB (suitable employment or business) that had been appropriately identified in this case was that of a Medical Office Assistant (NOC ). The worker did participate in and complete a course in this vocational goal. It appears, however, that the Board incorrectly calculated her FEL awards based on employment goals of general and medical secretarial positions, which are substantially different than NOC 1414 with respect to job duties and salary. [26] When the worker commenced her job search, she initially attempted to find employment as a medical secretary. In the final labour market re-entry completion report, it is noted that she was attempting to find work in sales and customer service, which was lower paying than that of a medical secretary. This action appears to have been condoned by the service provider, as the worker was assisted with a mock interview based on the sales and customer service vocational goal. The worker was also assisted with rewriting her resume based on applications for positions other than that of a medical secretary. [27] The Vice-Chair is satisfied that the R2 FEL award is to be recalculated based on the SEB of a Medical Office Assistant, NOC [28] For the following reasons, the Vice-Chair is persuaded that the amount of this recalculation is to be based on a mid-range salary of a Medical Office Assistant. [29] Board policy, # states that the R2 FEL review is to be based on that of a fully experienced worker. A fully experienced worker must be defined in the context of the personal and vocational characteristics of the individual. In this case, the worker had not found work in her vocational field approximately one year and ten months after her labour market re-entry program was completed. At the time of the R2 determination, she was 46 years old; her prior vocational history consisted of employment in factories and as a farm helper. And, perhaps most importantly, the worker was not trained as a medical or general secretary. The information provided by HRDC for the Medical Officer Assistant course states that the occupational groupings for this training were consistent with clerk and receptionist positions. Finally, the compensable injury was that of a bilateral shoulder injury and the worker had permanent medical restrictions arising out of her disability.

5 Page: 5 Decision No. 1960/03 [30] Thus, the Vice-Chair is persuaded that the worker s R2 FEL award should be calculated based on the Medical Office Assistant NOC 1414 at the mid-range wage level. THE DECISION [31] The appeal is allowed. [32] The worker s R2 FEL award is to be recalculated based on the position of a Medical Office Assistant, NOC 1414 at the mid-range wage level. DATED: April 20, 2004 SIGNED: E.J. Sajtos

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL 2001 ONWSIAT 2499 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 398 01 [1] This appeal was heard in Toronto on February 16, 2001 by Tribunal Vice-Chair E.J. Sajtos. THE APPEAL PROCEEDINGS

More information

WORKERS' COMPENSATION BENEFITS Claims Between January 1, 1990 and December 31, 1997

WORKERS' COMPENSATION BENEFITS Claims Between January 1, 1990 and December 31, 1997 WORKERS' COMPENSATION BENEFITS Claims Between January 1, 1990 and December 31, 1997 The following information relates to workers injured on the job between January 1, 1990 and December 31, 1997. Accidents

More information

SUMMARY DECISION NO. 1387/99. Pensions (lump sum) (calculation) (discount rate).

SUMMARY DECISION NO. 1387/99. Pensions (lump sum) (calculation) (discount rate). SUMMARY DECISION NO. 1387/99 Pensions (lump sum) (calculation) (discount rate). The worker suffered a back injury in 1989 for which he was granted a 10% pension in 1990. The worker requested payment as

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1602/11

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1602/11 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1602/11 BEFORE: M. M. Cohen: Vice-Chair HEARING: August 16, 2011 at Toronto Written DATE OF DECISION: August 23, 2011 NEUTRAL CITATION: 2011

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL 2005 ONWSIAT 469 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1300/04 [1] This appeal was considered in Toronto on August 3, 2004, by Tribunal Vice-Chair M. Crystal. THE APPEAL PROCEEDINGS

More information

Workplace Health, Safety & Compensation Review Division

Workplace Health, Safety & Compensation Review Division Workplace Health, Safety & Compensation Review Division WHSCRD Case No: 14275-11 WHSCC Claim No: 837491 Decision Number: 15034 Marlene A. Hickey Chief Review Commissioner The Review Proceedings 1. The

More information

DECISION NO. 1708/10

DECISION NO. 1708/10 B. Kalvin WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1708/10 BEFORE: B. Kalvin : Vice-Chair HEARING: September 9, 2010 at Toronto Oral DATE OF DECISION: September 15, 2010 NEUTRAL CITATION:

More information

POLICY: 04-05 PART I Chapter: BENEFITS Subject: RETURN-TO-WORK SERVICES Authorization: BoD Resolution 2001/07/38 August 21, 2001

POLICY: 04-05 PART I Chapter: BENEFITS Subject: RETURN-TO-WORK SERVICES Authorization: BoD Resolution 2001/07/38 August 21, 2001 REFERENCE: Workers Compensation Act, RSA 2000, Sections 1(1)(f), 54, 56, 63, 89, and 137.1 POLICY: When a work-related injury results in compensable work restrictions that impair a worker s employability

More information

Workers' Compensation Act, 1981 (as amended), Sections 1(1)(d), 49,51,57, and 83

Workers' Compensation Act, 1981 (as amended), Sections 1(1)(d), 49,51,57, and 83 04-05 PART I REFERENCE : Workers' Compensation Act, 1981 (as amended), Sections 1(1)(d), 49,51,57, and 83 When a work-related injury results in compensable work restrictions that impair a worker's employability

More information

SUMMARY. DECIDED BY: Sajtos; Anderson; Young DATE: 24/03/99 ACT: WCA BOARD DIRECTIVES AND GUIDELINES: Operational Policy Manual, Document No.

SUMMARY. DECIDED BY: Sajtos; Anderson; Young DATE: 24/03/99 ACT: WCA BOARD DIRECTIVES AND GUIDELINES: Operational Policy Manual, Document No. SUMMARY DECISION NO. 303/99 Health care (dental aid); Board Directives and Guidelines (health care) (dental aid) (abutment teeth). The worker was struck in the face, suffering a cracked tooth and damage

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1708/15

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1708/15 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1708/15 BEFORE: E. Kosmidis : Vice-Chair E. Tracey : Member Representative of Employers C. Salama : Member Representative of Workers HEARING:

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2444/06

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2444/06 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2444/06 BEFORE: M. Crystal: Vice-Chair HEARING: December 4, 2006 at Toronto Written case DATE OF DECISION: December 5, 2006 NEUTRAL CITATION:

More information

SUMMARY DECISION NO. 143/97. Suitable employment.

SUMMARY DECISION NO. 143/97. Suitable employment. SUMMARY DECISION NO. 143/97 Suitable employment. The worker slipped and fell in January 1992, injuring her low back and hip. She was awarded a 28% NEL award for her low back condition. The worker appealed

More information

Review of Section 38 (Benefits), Workers Compensation Act

Review of Section 38 (Benefits), Workers Compensation Act Legislative Review of Workers Compensation Review of Section 38 (Benefits), Workers Compensation Act Discussion Paper May 2015 Discussion Paper May 2015 Published by: Province of New Brunswick P.O. Box

More information

Decision Number: WCAT-2015-02919

Decision Number: WCAT-2015-02919 WCAT Decision Number: WCAT-2015-02919 WCAT Decision Date: September 23, 2015 Panel: Joanne Kembel, Vice Chair Introduction [1] This is a referral to the chair of the (WCAT) under section 251 of the Workers

More information

WORKERS GUIDE YUKON WORKERS COMPENSATION HEALTH AND SAFETY BOARD. working together WITH YUKON WORKERS AND EMPLOYERS

WORKERS GUIDE YUKON WORKERS COMPENSATION HEALTH AND SAFETY BOARD. working together WITH YUKON WORKERS AND EMPLOYERS WORKERS GUIDE YUKON WORKERS COMPENSATION HEALTH AND SAFETY BOARD working together WITH YUKON WORKERS AND EMPLOYERS workers compensation WORKERS COMPENSATION Workers compensation is an employer-funded insurance

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 975/06

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 975/06 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 975/06 BEFORE: M. Crystal: Vice-Chair HEARING: February 28, 2007 at Toronto Written case DATE OF DECISION: March 1, 2007 NEUTRAL CITATION: 2007

More information

Client Services Policy Manual

Client Services Policy Manual Definitions Second Injury Relief: The total or partial cost of an individual claim is redirected from the claims cost record of an assessable employer to a general account (known as the Second Injury Relief

More information

SUMMARY DECISION NO. 1076/98I. Waiver (right to compensation) (settlement).

SUMMARY DECISION NO. 1076/98I. Waiver (right to compensation) (settlement). SUMMARY DECISION NO. 1076/98I Waiver (right to compensation) (settlement). The worker and employer both appealed decisions of the Board regarding ongoing benefits and VR services. After following grievance

More information

Member Handbook. Regina Civic Employees Long Term Disability Plan

Member Handbook. Regina Civic Employees Long Term Disability Plan Member Handbook Regina Civic Employees Long Term Disability Plan Table of Contents About the Plan.. Eligibility and Enrollment.... Contributions Definition of Disability.. Applying for Benefits... Qualifying

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1119/09

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1119/09 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1119/09 BEFORE: T. Mitchinson: Vice-Chair HEARING: June 3, 2009 at Sudbury Oral DATE OF DECISION: June 8, 2009 NEUTRAL CITATION: 2009 ONWSIAT

More information

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [X] (Worker) Participants entitled to respond to this appeal: [X] (Employer) and The Workers Compensation Board of Nova Scotia (Board) APPEAL

More information

Northwest Territories and Nunavut 06.03

Northwest Territories and Nunavut 06.03 POLICY STATEMENT The Workers Safety and Compensation Commission (WSCC) provides monthly pension payments to workers with a permanent disability resulting from a work-related injury or disease. In the case

More information

2013 2016 Legislative Review of Workers Compensation. 2013 Discussion Paper. Post-Secondary Education, Training and Labour / WorkSafeNB

2013 2016 Legislative Review of Workers Compensation. 2013 Discussion Paper. Post-Secondary Education, Training and Labour / WorkSafeNB 2013 2016 Legislative Review of Workers Compensation 2013 Discussion Paper Post-Secondary Education, Training and Labour / WorkSafeNB 1 Introduction The concept of modern workers' compensation had its

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2053/07

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2053/07 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2053/07 BEFORE: S. Ryan: Vice-Chair HEARING: September 11, 2007 at Hamilton Oral DATE OF DECISION: June 16, 2008 NEUTRAL CITATION: 2008 ONWSIAT

More information

Your Rights Under the Missouri Workers Compensation Law

Your Rights Under the Missouri Workers Compensation Law Your Rights Under the Missouri Workers Compensation Law All states have workers compensation laws. The Missouri Workers Compensation Law is contained in Chapter 287 of the Revised Statutes of Missouri.

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2289/08

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2289/08 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2289/08 BEFORE: M. Crystal: Vice-Chair HEARING: October 31, 2008 at Toronto Written case DATE OF DECISION: October 31, 2008 NEUTRAL CITATION:

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1985/14

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1985/14 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1985/14 BEFORE: A.G. Baker : Vice-Chair E. Tracey : Member Representative of Employers C. Salama : Member Representative of Workers HEARING:

More information

TO THE EMPLOYEE: Long Term Disability coverage (more often known as "LTD") provides you with an income if you are disabled for an extended period.

TO THE EMPLOYEE: Long Term Disability coverage (more often known as LTD) provides you with an income if you are disabled for an extended period. HEALTHCARE BENEFIT TRUST TO THE EMPLOYEE: QUESTIONS AND ANSWERS ABOUT YOUR LONG TERM DISABILITY COVERAGE For Claimants disabled on or after April 1, 2004 under the: Aboriginal Services Collective Agreement

More information

WORKERS COMPENSATION APPEALS TRIBUNAL

WORKERS COMPENSATION APPEALS TRIBUNAL WORKERS COMPENSATION APPEALS TRIBUNAL DECISION NO. 1025/94 This appeal was heard in Toronto on December 5, 1994, by a Tribunal Panel consisting of: R.E. Hartman : Vice-Chair, G.M. Nipshagen: Member representative

More information

DISABILITY INSURANCE PROGRAM FREQUENTLY ASKED QUESTIONS

DISABILITY INSURANCE PROGRAM FREQUENTLY ASKED QUESTIONS DISABILITY INSURANCE PROGRAM FREQUENTLY ASKED QUESTIONS (FAQs) SECTION 2 - SHORT TERM DISABILITY (STD) PROGRAM TWELVE MONTH (MERIT, NON-MERIT & EDUCATIONAL) EMPLOYEES Effective July 1, 2015 Disclaimer

More information

WORKERS' COM PEN SATION (CSST) REPORTIN G, RETURN TO WORK AND TEM PORARY WORK ASSI GN M EN T

WORKERS' COM PEN SATION (CSST) REPORTIN G, RETURN TO WORK AND TEM PORARY WORK ASSI GN M EN T Effective Date: October 20, 2004 Supersedes /Amends: VRS-43/October 1, 1997 Originating Office: Office of the Vice-President, Services Policy Number: VPS-43 SCOPE This Policy applies to all full and part-time

More information

SUMMARY. Earnings basis (seasonal employment); Earnings basis (period of unemployment).

SUMMARY. Earnings basis (seasonal employment); Earnings basis (period of unemployment). SUMMARY DECISION NO. 1731/99 Earnings basis (seasonal employment); Earnings basis (period of unemployment). The worker appealed a decision of the Appeals Officer regarding the earnings basis for calculation

More information

Key Provisions of Tennessee Senate Bill 200 Effective July 1, 2014, through July 1, 2016

Key Provisions of Tennessee Senate Bill 200 Effective July 1, 2014, through July 1, 2016 2014 Construction of Statute Definition of Injury (Causation) Revises Section 50-6-116, Construction of Chapter, to indicate that for dates of injury on or after July 1, 2014, the chapter should no longer

More information

Age-Based Discrimination in Ontario s Workers Compensation Laws: Promises to keep, and miles to go before we sleep

Age-Based Discrimination in Ontario s Workers Compensation Laws: Promises to keep, and miles to go before we sleep Age-Based Discrimination in Ontario s Workers Compensation Laws: Promises to keep, and miles to go before we sleep (with thanks to Robert Frost for the imagery) Presented to Canadian Conference on Elder

More information

COMPENSATION PRACTICE AND QUALITY DEPARTMENT INTERIM PRACTICE

COMPENSATION PRACTICE AND QUALITY DEPARTMENT INTERIM PRACTICE COMPENSATION PRACTICE AND QUALITY DEPARTMENT INTERIM PRACTICE PRACTICE DIRECTIVE # C6-2 TOPIC: Permanent Disability Benefits Section 23(3) ISSUE DATE: April 29, 2011 Objective This practice directive provides

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 376/08

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 376/08 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 376/08 BEFORE: A. Morris: Vice-Chair HEARING: February 7, 2008 at Toronto Oral DATE OF DECISION: June 9, 2008 NEUTRAL CITATION: 2008 ONWSIAT

More information

Migrant Workers and WSIB Benefits

Migrant Workers and WSIB Benefits Migrant Workers and WSIB Benefits CLEO Webinar September 21, 2015 Jessica Ponting OVERVIEW The basics of WSIB in Ontario Why differences in migration programs are relevant for WSIB How to best protect

More information

Information for Workers. Information for Workers

Information for Workers. Information for Workers Information for Workers Information for Workers Revised March 2015 Contents Overview... 2 Workplace Injuries... 2 Worker Responsibilities... 2 Employer Responsibilities... 4 WCB Responsibilities... 4 Returning

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1617/14

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1617/14 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1617/14 BEFORE: T. Mitchinson: Vice-Chair HEARING: August 29, 2014 at Sudbury Oral DATE OF DECISION: September 4, 2014 NEUTRAL CITATION: 2014

More information

GROUP SHORT TERM DISABILITY INSURANCE PROGRAM State of Michigan - Department of State Police CERTIFICATE OF INSURANCE We certify that the Person whose name appears on the enrollment card attached to this

More information

DEECD Corporate WorkSafe policy guide January 2013

DEECD Corporate WorkSafe policy guide January 2013 DEECD Corporate WorkSafe policy guide January 2013 Published by the Communications Division for Human Resources Division Department of Education and Early Childhood Development Melbourne January 2013 State

More information

Injured Workers Handbook

Injured Workers Handbook Injured Workers Handbook The Commission is responsible for keeping your personal information confidential and secure, and we take this responsibility very seriously. We collect, use and disclose only information

More information

Comparative Analysis of Workers Compensation Systems in Select Jurisdictions

Comparative Analysis of Workers Compensation Systems in Select Jurisdictions Comparative Analysis of Workers Compensation Systems in Select Jurisdictions JURISDICTION: MANITOBA ENVIRONMENT Population Size Labour Force Demographic and Economic Indicators 1,144,000 (1996 Stats Canada)

More information

LTD (Long Term Disability Plan)

LTD (Long Term Disability Plan) 1 LTD (Long Term Disability Plan) 2.1 Eligibility (a) (1) Regular full-time employees shall be covered by the Long Term Disability Plan upon completion of six months active employment with the Employer.

More information

SELF-INSURANCE OF WORKERS COMPENSATION

SELF-INSURANCE OF WORKERS COMPENSATION SELF-INSURANCE OF WORKERS COMPENSATION Information for: STAFF Page 2 SUPERVISORS & MANAGERS Page 5 TREATING DOCTORS Page 7 REPORTING PROCEDURE Page 8 Self-Insurance of Workers Compensation Revised February

More information

INTERVIEW QUESTIONS - WORKERS' COMPENSATION COMPENSATION SERVICES ISSUES JURISDICTION: NEWFOUNDLAND I. COMPENSATION SERVICES ISSUES

INTERVIEW QUESTIONS - WORKERS' COMPENSATION COMPENSATION SERVICES ISSUES JURISDICTION: NEWFOUNDLAND I. COMPENSATION SERVICES ISSUES INTERVIEW QUESTIONS - WORKERS' COMPENSATION COMPENSATION SERVICES ISSUES JURISDICTION: NEWFOUNDLAND I. COMPENSATION SERVICES ISSUES 1. Is there a requirement, statutory or otherwise, requiring the regular

More information

Long Term Disability Insurance

Long Term Disability Insurance Long Term Disability Insurance Massachusetts Board of Higher Education STANDARD INSURANCE COMPANY Long Term Disability Insurance Answers to your questions about coverage from Standard Insurance Company

More information

Industrial Injury Allowance Policy

Industrial Injury Allowance Policy Industrial Injury Allowance Policy 1. Aim The aim of this policy is to provide information to managers on the reporting of industrial injury related absence, and the mechanisms available to support employees

More information

St. Thomas University

St. Thomas University St. Thomas University Group Policy Number: G0050234 Plan B: Support Staff Employee Name: Certificate Number: Welcome to Your Group Benefit Program Group Policy Effective Date: September 1, 2010 This Benefit

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2115/14

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2115/14 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2115/14 BEFORE: C. M. MacAdam : Vice-Chair S. T. Sahay : Member Representative of Employers K. Hoskin : Member Representative of Workers HEARING:

More information

WORKERS COMPENSATION AND REHABILITATION QUESTIONS AND ANSWERS

WORKERS COMPENSATION AND REHABILITATION QUESTIONS AND ANSWERS WORKERS COMPENSATION AND REHABILITATION QUESTIONS AND ANSWERS The Work Health & Safety Unit has responsibility for the management of workers compensation claims and the rehabilitation of injured employees.

More information

Phase I & II Long Term Disability Benefits Teaching Staff

Phase I & II Long Term Disability Benefits Teaching Staff GROUP BENEFIT PLAN Rocky View Schools Teachers Benefit Plan Phase I & II Long Term Disability Benefits Teaching Staff What you need to know about applying for Disability Benefits Benefits Department Rocky

More information

Concerning the Cap on Pain and Suffering Awards for Minor Injuries

Concerning the Cap on Pain and Suffering Awards for Minor Injuries Discussion Paper Concerning the Cap on Pain and Suffering Awards for Minor Injuries Office of the Superintendent of Insurance January, 2010 Introduction The Province of Nova Scotia regulates automobile

More information

Income Protection Fact Sheet

Income Protection Fact Sheet Income Protection Fact Sheet Who should read this fact sheet? The information in this fact sheet applies to most Defined Contribution (accumulation) members of Energy Super. It is not relevant to Defined

More information

EI Premium Reduction Program

EI Premium Reduction Program Employment Insurance Guide for Employers EI Premium Reduction Program Service Canada Government of Canada Gouvernement du Canada IN-041-05-06 For further information on the Employment Insurance Premium

More information

Work Conditioning Natural Progressions By Nancy Botting, Judy Braun, Charlene Couture and Liz Scott

Work Conditioning Natural Progressions By Nancy Botting, Judy Braun, Charlene Couture and Liz Scott Work Conditioning Natural Progressions By Nancy Botting, Judy Braun, Charlene Couture and Liz Scott How a non-traditional, geared-to-work treatment is returning injured workers to full duties quickly,

More information

GENERAL INFORMATION. What should I do if I m injured at work?

GENERAL INFORMATION. What should I do if I m injured at work? GENERL INFORMTION What should I do if I m injured at work? Ensure you report the accident immediately to your supervisor. Describe the event in detail, provide the names of any witnesses to the incident,

More information

WS016 REHABLITATION AND RETURN TO WORK POLICY

WS016 REHABLITATION AND RETURN TO WORK POLICY WS016 REHABLITATION AND RETURN TO WORK POLICY NEW SOUTH WALES Purpose EI is committed to the rehabilitation of workers who are injured at work. This policy outlines how EI will aim to ensure such workers

More information

A Member s Guide to the Workplace Safety and Insurance Board. w s i b

A Member s Guide to the Workplace Safety and Insurance Board. w s i b A Member s Guide to the Workplace Safety and Insurance Board w s i b Elementary Teachers Federation of Ontario Revised January 2012 Workplace Safety and Insurance Board (WSIB) Applying for WSIB benefits

More information

SUMMARY DECISION NO. 163/93. Recurrences (compensable injury); Second accident; Intervening causes; Apportionment (pensions).

SUMMARY DECISION NO. 163/93. Recurrences (compensable injury); Second accident; Intervening causes; Apportionment (pensions). SUMMARY DECISION NO. 163/93 Recurrences (compensable injury); Second accident; Intervening causes; Apportionment (pensions). The worker suffered a back injury in 1985. The employer appealed a decision

More information

Workers compensation benefits guide

Workers compensation benefits guide Workers compensation benefits guide December 2015 Disclaimer This publication may contain information about the regulation of workers compensation in NSW. It may include some of your obligations under

More information

SUMMARY DECISION NO. 70/98. Delay (treatment); Kienbock's disease.

SUMMARY DECISION NO. 70/98. Delay (treatment); Kienbock's disease. SUMMARY DECISION NO. 70/98 Delay (treatment); Kienbock's disease. A construction worker injured his wrist while moving a plank on September 25, 1991. He continued working and did not seek medical treatment

More information

Nova Scotia College of Art & Design

Nova Scotia College of Art & Design Nova Scotia College of Art & Design Plan Document Number: G0080847 Group Policy Number: G0050232 Plan - All Employees Employee Name: Certificate Number: Welcome to Your Group Benefit Program Plan Document

More information

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [X] (Worker) Participants entitled to respond to this appeal: [X] (Employer) and Workers Compensation Board of Nova Scotia (Board) APPEAL DECISION

More information

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION SARAH DREILING ) Claimant ) VS. ) ) Docket No. 65,956 HAYS MEDICAL CENTER ) Respondent ) AND ) ) ROYAL & SUNALLIANCE ) Insurance

More information

FD: ACN=1004 ACC=R FD: DT:D DN: 609/87 STY:PANEL: Thomas; Robillard; Jago DDATE:23/07/87 ACT: 40(3) [old 41(2)], 40(2)(b) [old 41(1)(b)] KEYW:

FD: ACN=1004 ACC=R FD: DT:D DN: 609/87 STY:PANEL: Thomas; Robillard; Jago DDATE:23/07/87 ACT: 40(3) [old 41(2)], 40(2)(b) [old 41(1)(b)] KEYW: FD: ACN=1004 ACC=R FD: DT:D DN: 609/87 STY:PANEL: Thomas; Robillard; Jago DDATE:23/07/87 ACT: 40(3) [old 41(2)], 40(2)(b) [old 41(1)(b)] KEYW: Temporary partial disability (level of benefits); Availability

More information

Police Amendment (Death and Disability) Act 2011 No 73

Police Amendment (Death and Disability) Act 2011 No 73 New South Wales Police Amendment (Death and Disability) Act 2011 No 73 Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Amendment of Police Act 1990 No 47 3 Schedule 2 Amendment of Police Regulation

More information

Comparative Review of Workers Compensation Systems in Select Jurisdictions PRINCE EDWARD ISLAND

Comparative Review of Workers Compensation Systems in Select Jurisdictions PRINCE EDWARD ISLAND of Workers Compensation Systems in Select Jurisdictions JURISDICTION: PRINCE EDWARD ISLAND ENVIRONMENT Population Size Labour Force Demographic and Economic Indicators 136,100 (1995, Stats Canada) 69,000

More information

Workers compensation benefits guide

Workers compensation benefits guide Workers compensation benefits guide October 2015 Disclaimer This publication may contain information about the regulation of workers compensation in NSW. It may include some of your obligations under some

More information

Comparative Review of Workers Compensation Systems in Select Jurisdictions SASKATCHEWAN

Comparative Review of Workers Compensation Systems in Select Jurisdictions SASKATCHEWAN of Workers Compensation Systems in Select Jurisdictions JURISDICTION: SASKATCHEWAN ENVIRONMENT Population Size Labour Force Demographic and Economic Indicators 1,015,600 (1995, Stats Canada) 494,000 (1995,

More information

RETURNING TO WORK FOLLOWING A SERIOUS INJURY SUCCESS LIES IN THE HANDS OF THE REHABILITATION TEAM

RETURNING TO WORK FOLLOWING A SERIOUS INJURY SUCCESS LIES IN THE HANDS OF THE REHABILITATION TEAM RETURNING TO WORK FOLLOWING A SERIOUS INJURY SUCCESS LIES IN THE HANDS OF THE REHABILITATION TEAM by Leonard H. Kunka Thomson, Rogers Following a serious personal injury, one of the most challenging and

More information

Workplace Health, Safety & Compensation Review Division

Workplace Health, Safety & Compensation Review Division Workplace Health, Safety & Compensation Review Division WHSCRD Case No: 14152-06 WHSCC Claim No: 606499 and 791748 Decision Number: 14147 Lloyd Piercey Review Commissioner The Review Proceedings 1. The

More information

Workers Compensation Amendment (Transitional) Regulation 2012

Workers Compensation Amendment (Transitional) Regulation 2012 New South Wales Workers Compensation Amendment (Transitional) Regulation 2012 under the Workers Compensation Act 1987 Her Excellency the Governor, with the advice of the Executive Council, has made the

More information

Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION

Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION If you have suffered a personal injury it is important to consider all potential sources of compensation. A personal

More information

SUMMARY. White finger disease; Rheumatoid arthritis; Disablement (vibrations) (tools).

SUMMARY. White finger disease; Rheumatoid arthritis; Disablement (vibrations) (tools). SUMMARY DECISION NO. 1242/99 White finger disease; Rheumatoid arthritis; Disablement (vibrations) (tools). The worker was a jackleg driller until 1976 and then a hoist man until he retired in 1991. The

More information

WORKERS COMPENSATION AND INJURY MANAGEMENT FACT SHEET 10 INFORMATION ON TRUSTS

WORKERS COMPENSATION AND INJURY MANAGEMENT FACT SHEET 10 INFORMATION ON TRUSTS WORKERS COMPENSATION AND INJURY MANAGEMENT FACT SHEET 10 INFORMATION ON TRUSTS The purpose of this fact sheet is to provide a guide to employers, accountants, insurers/agents, auditors and other interested

More information

New South Wales: Amendments to Workers Compensation Legislation June 2012

New South Wales: Amendments to Workers Compensation Legislation June 2012 There are two primary pieces of legislation governing Workers Compensation in New South Wales: Workplace Injury Management and Workers Compensation Act 1998 The Workers Compensation Legislation Amendment

More information

Workplace Health, Safety & Compensation Review Division

Workplace Health, Safety & Compensation Review Division Workplace Health, Safety & Compensation Review Division WHSCRD Case No: 14150-06 WHSCC Claim No: 871322 Decision Number: 15005 Keith Barry Review Commissioner The Review Proceedings 1. The hearing of the

More information

Key Workers Compensation Information, Australia

Key Workers Compensation Information, Australia Key Workers Compensation Information, Australia 2010 Key Workers Compensation Information, Australia 2010 Visit www.safeworkaustralia.gov.au for more information Commonwealth of Australia 2010 ISBN 978

More information

INTRODUCTION. This information booklet has been prepared to give you an informal summary of the main features of your group insurance program.

INTRODUCTION. This information booklet has been prepared to give you an informal summary of the main features of your group insurance program. INTRODUCTION This information booklet has been prepared to give you an informal summary of the main features of your group insurance program. This booklet is not an insurance policy, and does not grant

More information

LOS ANGELES UNIFIED SCHOOL DISTRICT PERSONNEL COMMISSION. Education Code 44043

LOS ANGELES UNIFIED SCHOOL DISTRICT PERSONNEL COMMISSION. Education Code 44043 LAW AND RULES January 12, 1987 INDUSTRIAL ACCIDENT OR INDUSTRIAL ILLNESS LEAVE Education Code 44043 Any school employee of a school district who is absent because of injury or illness which arose our of

More information

President and Trustees of Bates College. Your Group Long Term Disability Plan

President and Trustees of Bates College. Your Group Long Term Disability Plan President and Trustees of Bates College Your Group Long Term Disability Plan Policy No. 128121 011 Underwritten by Unum Life Insurance Company of America 4/1/2011 CERTIFICATE OF COVERAGE Unum Life Insurance

More information

2015 ASSESSMENT RATES

2015 ASSESSMENT RATES 2015 ASSESSMENT RATES FOREWORD WorkSafeNB determines employers assessment rates annually. Several factors influence rates, such as WorkSafeNB s current financial obligations, the prevailing economic environment,

More information

DISABILITY INSURANCE PROGRAM FREQUENTLY ASKED QUESTIONS

DISABILITY INSURANCE PROGRAM FREQUENTLY ASKED QUESTIONS DISABILITY INSURANCE PROGRAM FREQUENTLY ASKED QUESTIONS (FAQs) SECTION 4 LONG TERM DISABILITY (LTD) PROGRAM Effective July 1, 2015 Disclaimer If there is any conflict in interpretation between the FAQ

More information

MARCH 5, 2015. Referred to Committee on Commerce and Labor. SUMMARY Revises provisions governing workers compensation.

MARCH 5, 2015. Referred to Committee on Commerce and Labor. SUMMARY Revises provisions governing workers compensation. A.B. ASSEMBLY BILL NO. COMMITTEE ON COMMERCE AND LABOR MARCH, 0 Referred to Committee on Commerce and Labor SUMMARY Revises provisions governing workers compensation. (BDR -) FISCAL NOTE: Effect on Local

More information

Massachusetts Teachers Association. Your Group Long Term Disability Plan

Massachusetts Teachers Association. Your Group Long Term Disability Plan Massachusetts Teachers Association Your Group Long Term Disability Plan Policy No. 570975 012 Underwritten by Unum Life Insurance Company of America 8/4/2008 CERTIFICATE OF COVERAGE Unum Life Insurance

More information

Guide for Injured Workers

Guide for Injured Workers Guide for Injured Workers This is a guide to Oklahoma workers' compensation law and rules. It is based on laws and rules in effect in 2015. Laws and rules can change by acts of the Legislature, rulemaking

More information

A new Return to Work scheme for South Australians

A new Return to Work scheme for South Australians A new Return to Work scheme for South Australians A policy statement to support the Return to Work Bill 2014 www.yoursay.sa.gov.au/yoursay/changes-to-workcover-august-2014-update Contents A message from

More information

Workers Compensation Board of Nova Scotia. Issues Identification Paper Chronic Pain: Causal Connection to Original Compensable Injury

Workers Compensation Board of Nova Scotia. Issues Identification Paper Chronic Pain: Causal Connection to Original Compensable Injury Workers Compensation Board of Nova Scotia Issues Identification Paper Chronic Pain: Causal Connection to Original Compensable Injury Date: April 16, 2007 Table of Contents Introduction.2 Background.4 What

More information

SUMMARY DECISION NO. 1194/97. Tear (meniscus); Tear (ligament).

SUMMARY DECISION NO. 1194/97. Tear (meniscus); Tear (ligament). SUMMARY DECISION NO. 1194/97 Tear (meniscus); Tear (ligament). The worker twisted his knee in 1991 and suffered a torn meniscus, for which he underwent arthroscopy. The worker appealed a decision of the

More information