POLICY NUMBER: 3. 2. 2R1

Effective Date: April 28, 1999
Date Issued: May 17, 1999
Date Approved by Board of Directors: May 14, 1999
Topic: Waiting Period Without Compensation (Deductible)
Section: Short-Term and Long-Term Benefits
Subsection: Temporary Earnings-Replacement Benefit (TERB)

Policy Statement

1. An injured worker must undergo a waiting period following an injury without receiving any income replacement from the Workers’ Compensation Board before being eligible for a Temporary Earnings-Replacement Benefit. (TERB)

The waiting period is based on remuneration rather than on a time factor. Therefore, the waiting period is equivalent to two-fifths of the worker's weekly TERB. The Board shall deduct from the first TERB payment an amount equal to two-fifths of the weekly TERB that would have otherwise been payable.

2. In the case of a recurrence of an injury, a waiting period will not apply if the recurrence occurs within one year of the worker last receiving a TERB.

3. The waiting period deduction is made before any deductions pursuant to Section 48 of the Act (Refer to Policy 3.9.3 - Combining of Workers’s Compensation Benefits) and before any deductions for recovery of overpaymnets of compensation benefits.

Application

This Policy applies to loss of earnings made on or after April 28, 1999. It replaces Policy 3.2.2R issued on May 2, 1997 and effective April 3, 1997.

References

An Act to Amend Chapter 10 of the Acts of 1994-95, the Workers’ Compensation Act (Chapter 1, Acts of 1999), Clause 4.

Chapter 10 of the Acts of 1994-95, the Workers’ Compensation Act (Chapter 1, Acts of 1999), section 37(4).