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Operational policy manual

Arrears

Benefit Payments
Application Date
This policy applies to all decisions made for entitlement periods on or after January 1, 2018, for accidents prior to January 2, 1990.
Published
02-Jan-2018
Subject
Permanent Disability Benefits (Accidents before 1990)
Title
Arrears
Document No.
18-07-05

Policy

Arrears are retroactive permanent disability benefits, paid as a lump sum, dating from the onset of permanent disability.

Purpose

The purpose of this policy is to provide guidelines respecting arrears payments for permanent disability benefits.

Guidelines

Initial pension assessment

Arrears are calculated for all periods where temporary benefits were not paid or were less than the monthly permanent disability benefit. The arrears amount is the difference between the permanent disability benefit and temporary benefits already paid for that period. Information about the calculation of permanent disability benefits can be found in 18-07-04, Calculating Permanent Disability Benefits.

The WSIB usually determines the dating of arrears at the time of the permanent disability assessment.

Permanent disability reassessment

If a permanent disability benefit is increased after reassessment, the increase dates from

  • three months prior to the date of the request, or
  • an earlier date if supported by clinical evidence.

Objection

If a permanent disability benefit is increased as a result of an objection, the increase dates from the same arrears date as the previous permanent disability benefit.

Application date

This policy applies to all decisions made for entitlement periods on or after January 1, 2018, for accidents prior to January 2, 1990.

Document history

This document replaces 18-07-05 dated October 12, 2004.

Previously this document was published as:
05-03-07 dated November 1989.

References

Legislative authority

Workplace Safety and Insurance Act, 1997, as amended
Sections 102, 111

Workers' Compensation Act, R.S.O. 1990, as amended
Sections 144, 145, 146

Workers' Compensation Act, R.S.O. 1980, as amended
Sections 45(1), 132

Minute

Administrative
#12, November 15, 2017, Page 544

Compass: Guiding you to a healthy and safe workplace