Yukon Workers' Compensation Health and Safety Board

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Policies

Policy CL-53 - Lump Sum Payments and Advances (Prior Years)

Effective Dates

March 29, 2005 to July 1, 2008

Series

Claims

General Information

Prior to 1993, the workers' compensation acts and ordinances ("prior legislation") in the Yukon provided for lump sum payments to disabled workers with partial or total disabilities. It also provided for advance payments in restricted circumstances. These provisions date back to the 1950's. The Workers' Compensation Act of 1992 deleted these provisions.

Lump Sum Payments - Under prior legislation, the WCH&SB, in its discretion, had the authority to commute periodic payments of compensation by making a lump sum payment to a worker.

Advances - the WCH&SB might, under prior legislation, advance sums against periodic payments of compensation in amounts it deems appropriate where, in its opinion, the interest or pressing needs of a worker' warrants it. These advances will be made only in circumstances where it can be determined that the claimant's long term financial security will not be compromised.

These provisions were introduced during the pension era of benefits, when benefits were paid for the life of the worker. In 1983, the "dual award" system of benefits was introduced. Between 1982 and 1992, a worker might elect a lump sum payment for a permanent impairment with earnings loss to be paid until the age of 65. Alternatively, a worker might apply, if eligible, for a lump sum payment of both permanent impairment and earnings loss benefits, based on future payments to the age of 65.

Purpose

The purpose of this policy is to establish the circumstances in which the WCH&SB will provide lump sum payments and advances under pre-1993 workers' compensation legislation.