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Operational policy manual

Section 147(14) - $200 Additional Amount (Permanent Disability)

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
Section 147(14) - $200 Additional Amount (Permanent Disability)
Document No.
18-07-09

Policy

A worker who is receiving a partial permanent disability benefit (or who had the benefit commuted to a lump sum) is entitled to receive an additional (monthly) amount, if the worker is entitled to a s. 147(4) supplement, or would be but for eligibility for federal Old Age Security (OAS) benefits.

The additional amount is

  • calculated with regard to factors such as post-injury earnings and other WSIB benefits paid in the claim
  • subject to review, and
  • indexed annually.

Purpose

The purpose of this policy is to provide guidelines respecting entitlement to, and the payment and review of, the s. 147(14) additional amount.

Guidelines

Eligibility guidelines for entitlement periods prior to January 1, 2018 for workers who were already in receipt of federal OAS benefits on July 26, 1989 can be found in the prior version of this document, which was published on October 12, 2004.

Eligibility criteria

A worker who is receiving a partial permanent disability benefit (or who had the benefit commuted to a lump sum) is entitled to an additional amount up to the statutory maximum of $200 per month if the worker

  • is entitled to a s. 147(4) supplement
  • was entitled to a s. 147(4) supplement but stopped receiving it due to eligibility for federal OAS benefits, or
  • would have been entitled to a s. 147(4) supplement but was already eligible for federal OAS benefits when the s. 147(4) supplement came into effect on July 26, 1989.

The statutory maximum of $200 per month is indexed annually. $200 is the maximum payable for 1995.

Entitlement exists even if the

  • s. 147(4) supplement amount resulting from the calculation is zero
  • s. 147(4) supplement is connected with a provisional partial permanent disability benefit, see 18-07-03, Type and Duration of Award, and/or
  • partial permanent disability benefit was commuted, see 18-07-06, Lump Sum (Commutations).

NOTE

For information about the s. 147(4) supplement, including entitlement criteria, see 18-07-10, Sections 147(2) and 147(4) Supplements (Permanent Disability).

Duration

Entitlement to the s. 147(14) additional amount continues for the life of the worker, unless

  • the worker’s entitlement to a s. 147(4) supplement is reversed or discontinued, other than as a result of the worker's eligibility for federal OAS benefits, or
  • the worker’s partial permanent disability benefit is terminated.

Multiple claims

A worker cannot receive more than the s. 147(14) additional amount statutory maximum, even if the worker has multiple claims. If a worker has multiple claims that meet the entitlement criteria for the s. 147(14) additional amount, payment for the additional amount is made in the oldest claim. If the payment in that claim is less than the statutory maximum, the balance is applied to the next oldest claim(s).

Payment

The s. 147(14) additional amount is paid as a monthly amount; it cannot be commuted.

The value of the monthly amount depends on factors including but not limited to

  • the worker’s claim limit (i.e., 75 per cent of pre-injury gross average earnings for injury dates prior to April 1, 1985 or 90 per cent of pre-injury net average earnings (NAE) for injury dates between April 1, 1985 and January 1, 1990, subject to the statutory maximum average earnings)
  • the worker’s partial permanent disability benefit amount
  • the worker’s post-injury earnings (i.e., 75 per cent of gross average earnings after the injury for injury dates prior to April 1, 1985 or 90 per cent of NAE after the injury for injury dates between April 1, 1985 and January 1, 1990) 
  • the statutory maximum for the additional amount
  • any disability payments paid to the worker under the Canada Pension Plan/Quebec Pension Plan in respect of the work-related injury/disease.

NOTE

The above payment guidelines apply as follows for entitlement periods prior to January 1, 2018:

  • Workers entitled to the additional amount on December 31, 2017 shall have their additional amount recalculated in accordance with the above guidelines as of December 31, 2017.
  • Workers entitled to the additional amount on or after April 27, 2017 may request a reconsideration of the additional amount if it was reduced (i.e., the amount was less than statutory maximum). If the additional amount was reduced due to entitlement to federal OAS benefits, the additional amount shall be recalculated in accordance with the above guidelines for all entitlement periods where payments were reduced, and any difference owing as a result paid to the worker.
    • If it was the WSIB who made the decision relating to the calculation of a reduction, the worker may make this request of the WSIB. If it was the Workplace Safety and Insurance Appeals Tribunal (WSIAT) who made the decision relating to the calculation of a reduction, the worker may request the WSIAT to refer the decision back to the WSIB for reconsideration.

Interaction with temporary disability benefits

If a worker becomes entitled to temporary disability benefits for a recurrence of the injury in a claim where the s. 147(14) additional amount is paid, the WSIB reduces the temporary disability benefit to ensure the sum of the temporary disability benefit and the

  • partial permanent disability benefit
  • s. 147(4) supplement, and
  • s. 147(14) additional amount

associated with the claim does not exceed 75 per cent of the pre-injury gross average earnings for injury dates prior to April 1, 1985 or 90 per cent of the pre-injury NAE for injury dates between April 1, 1985 and January 1, 1990. For more information about temporary disability benefits, see 18-06-01, Calculating Temporary Total Disability Benefits and 18-06-02, Calculating Temporary Partial Disability Benefits.

Review

The WSIB may review the s. 147(14) additional amount at any time, but routinely reviews it when one of the factors used to determine the monthly amount changes, see the “Payment” section above.

Recalculation at review

Upon review, if the WSIB determines there is a change to account for in the s. 147(14) additional amount (e.g., partial permanent disability benefit increased), it is recalculated. Otherwise, the additional amount continues to be paid as is.

Annual indexing

On January 1 every year, the WSIB indexes ongoing s. 147(14) additional amounts by applying the indexing factor to the amount payable, see 18-01-14, Annual Indexing.

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 18-07-09 dated October 12, 2004.

This document was previously published as:
05-03-12 dated March 4, 1997.

References

Legislative authority

Workplace Safety and Insurance Act, 1997, as amended
Sections 102, 110, 111

Workers' Compensation Act, R.S.O. 1990, as amended
Sections 147, 148

Minute

Administrative
#13, November 15, 2017, Page 544

Compass: Guiding you to a healthy and safe workplace