POLICY NUMBER: 3. 5. 2

Effective Date: February 1, 1996
Date Issued: December 1, 1995
Date Approved by Board of Directors: Nov. 19, 1993
Topic: Definition of Reasonably Available Employment
Section: Short-Term and Long-Term Benefits
Subsection: Estimation of Earning Ability

Policy Statement

1. Employment will be said to be 'reasonably available' if there are currently employment opportunities within the worker's home area (as defined below), and the worker has a reasonable chance of securing employment.

2. The 'home area' of a worker is defined as all points up to 100 km from the worker's ordinary place of residence, or a greater distance if the worker was travelling a greater distance to work prior to the accident.

3. Employment opportunities outside the worker's home area may be taken into consideration when:

a) it is reasonable to do so, considering relevant characteristics of the worker (age, skills, occupation, education attainment, family situation, etc.); AND

b) the worker has:

(i) received a specific job offer at the new location; or

(ii) in the opinion of the Board, not made a genuine effort to secure employment or a reasonable effort to present himself/herself well at job interviews. If the worker refuses to avail of such employment opportunities (which include relocation at Board's expense), the Board may base an estimation of potential earning ability (EPEA) on such an employment opportunity.

Guidelines

1. Where a worker experiences a loss of earnings (LOE), the WCB is required - in order to calculate the worker's compensable loss of earnings - to determine the amount, if any, that the worker is capable of earning in suitable and reasonably available employment.

2. In determining whether employment is reasonably available to an injured worker, there are two key dimensions to consider:

a) employment opportunities - how much demand is there for the occupations which are suitable for the worker; and

b) distance - the distance from the worker's pre-accident home to the place(s) of potential employment.

Application

This Policy applies to all decisions made on or after February 1, 1996.

References

Workers' Compensation Act (Chapter 10, Acts of 1994 - 95), Section 38(b)(ii).