July 1, 2012
to January 1, 2016
When a worker has a loss of earnings because of a work-related injury, the Yukon Workers' Compensation Health and Safety Board (YWCHSB) pays the worker loss of earnings benefits in accordance with section 22 of the Workers' Compensation Act S.Y. 2008 (the "Act').
Section 22 of the Act provides that aworker's loss of earnings benefit is based on his/her average weekly earnings at the time the injury occurred. Therefore, a key part of the process is determining what the worker's earnings were at the time the injury occurred. Furthermore, a worker may be receiving other disability benefits in addition to those paid by the YWCHSB. Under section 24 of the Act, the YWCHSB subtracts a portion of Canada Pension Plan or Quebec Pension Plan (CPP/QPP) disability benefits from a worker's average weekly earnings. This is to encourage the worker to recover and return to work by ensuring he or she does not receive more income from injury-related benefits than from employment.
This policy provides direction to YWCHSB decision-makers on how to calculate a worker's loss of earnings benefit rate for workers whose initial short term or long term benefit rate is determined on or after July 1, 2008. It includes direction on the subtraction of a portion of CPP/QPP disability benefits for workers who begin to receive CPP/QPP disability benefits on or after July 1, 2008.