Loss of Earnings Benefits
Effective Dates
June 30, 2008 - June 30, 2012
Policy Code
EL-01
General Information
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 Worker’s Compensation Act S.Y. 2008 (the “Act”).
Section 22 of the Act provides that a worker’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 Pan 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.
Purpose
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 July1, 2008. It includes direction on the subtraction of a portion of CPP/QPP disability benefits for workers who being to receive CPP/QPP disability benefits on or after July 1, 2008.
Prior Policies
Loss of Earnings Benefits
February 26, 2002 - June 30, 2008 | CL-35 | Policies prior to July 1, 2022Average Weekly Earnings
December 30, 1999 - February 26, 2002 | CL-35 | Policies prior to July 1, 2022Average Weekly Earnings Policy Statement Application
February 11, 1997 - August 29, 2001 | CL-35 | Policies prior to July 1, 2022Average Weekly Earnings
December 31, 1992 - December 30, 1999 | CL-35 | Policies prior to July 1, 2022policies.policyreferences
Recovery of Overpaid Compensation
June 30, 2008 - December 31, 2011 | EL-04 | Policies prior to July 1, 2022End of Loss of Earnings Benefits
June 30, 2008 - June 30, 2012 | EL-06 | Policies prior to July 1, 2022Merits and Justice of the Case
June 30, 2008 - December 16, 2013 | EN-02 | Policies prior to July 1, 2022