Policy
A worker must experience a loss of earnings for 12 continuous months, without interruption, to be entitled to a FEL benefit.
Guidelines
Interruption of continuity
Workers are not entitled to a FEL benefit if their loss of earnings is completely restored for a single period of one month or more, within that 12-month period. This functions as an interruption to the 12-month cycle, and if the worker again experiences a loss of earnings, the calculation of the 12 continuous months begins from the start of the most recent loss of earnings.
Intermittent resumptions of earnings of 1 - 2 weeks at a time over 12 months are insufficient to break continuity, even if those weeks total one month or more.
The work-related loss of earnings may be partial or total.
Full restoration of earnings
A decision-maker generally assumes that full restoration of earnings occurs when a worker's post-injury net average earnings (NAE) equal or exceed pre-injury NAE.
Application date
This policy applies to all FEL decisions made on or after January 1, 1998, for accidents from January 2, 1990 to December 31, 1997.
Document History
This document replaces 18-04-04 dated June 15, 1999.
This document was previously published as:
7.3 dated January 1, 1998
05-05-04 dated November 1, 1991.
References
Legislative Authority
Workers' Compensation Act, R.S.O. 1990, as amended
Section 43
Minute
Administrative
#2, June 28, 2004, Page 382