Policy
When the WSIB has established the degree of compensable disability for a worker having a permanent impairment, the worker will receive a permanent disability award. The award shall either be permanent (for the duration of the impairment) or provisional (for a set term).
Guidelines
Provisional awards
The WSIB will provide a provisional award when it is clinically evident that a residual disability is present, yet may not prove to be permanent, or is likely to worsen with time. Provisional awards shall be for a term of not less than one year or more than five years. Upon referral by the decision-maker, the WSIB will review a provisional award prior to expiry. A provisional award may be extended after the worker's disability is again evaluated.
Earnings basis for calculation of award
The decision-maker is responsible for setting a fair and equitable permanent disability earnings basis on which the amount of the permanent disability award is calculated.
Permanent disability award is 10% or less
If the permanent disability award is 10% or less and no deterioration in condition is expected, the worker may be permitted to choose the method of permanent disability payment, i.e., lump sum or monthly pension. (For further information see 18-07-06, Lump Sum (Commutations).
Increases in the quantum (amount) of award following requests for review
The effective date for any increase in the quantum of an award is
- three months prior to the date of the request for a review;
- an earlier date than the above, if such date is supported by clinical evidence, or
- in re-opened claims, a date supported by clinical evidence.
Notification
The decision-maker informs the injured worker of
- the percentage of the assessed disability,
- the approximate dollar value of the award,
- the worker's right to appeal the award, and to request a review of the case if a deterioration of the compensable condition occurs.
The decision-maker also arranges for a letter of confirmation to be sent to the worker.
The decision-maker will also inform the employer in writing of the percentage of assessed disability, the dollar value of the award, and of the employer's right to object.
Application date
This policy applies to all decisions made on or after October 1, 1989, for all accidents prior to January 2, 1990.
Document History
This document replaces 05-03-04 dated October, 1989.
References
Legislative Authority
Workers' Compensation Act, R.S.O. 1980, as amended
Sections 45(1), 45(3), 45(4)
Minute
Administrative
#11, June 30, 2004, Page 386