Yukon Workers' Compensation Health and Safety Board

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Policies

Policy EN-16 - Recurrence of Injury

Effective Dates

July 1, 2012 and still in effect

Series

Entitlement

General Information

It is common for decision-makers to receive new medical information, or a request from a worker to reinstate benefits, after the end date of benefits. The YWCHSB decisionmaker has to decide whether to authorize benefits based on the original adjudication decision, or whether further evidence is necessary to support a new adjudication decision.

Section 26 of the Workers’ Compensation Act S.Y. 2008 (the “Act”) specifies that when a worker who was previously in receipt of compensation has suffered a recurrence of their work-related injury, their loss of earnings benefit rate is set based on the greater of) specifies that when a worker who was previously in receipt of compensation has suffered a recurrence of their work-related injury, their loss of earnings benefit rate is set based on the greater of the worker’s average weekly earnings immediately before the injury arose, and the average weekly earnings at the time of the recurrence.

Section 15 grants authority to decision-makers of Yukon Workers’ Compensation Health and Safety Board (YWCHSB) to determine the duration and degree of the work-related injury, the average weekly earnings of a worker, the weekly loss of earnings resulting from a work-related injury, and any other matter pertaining to compensation.

Purpose

This policy aids in determining whether a worker is experiencing a recurrence of their work-related injury, and if they are, the benefits to which the worker is entitled. It also explains other situations where a worker might be eligible for further benefits, aiding the decision-maker. This includes situations such as a continuation of the original injury, a new injury, known or anticipated future treatment, the development of a subsequent disorder or condition, or the aggravation of a pre-existing condition.