Policy amended to clarify decisions that the WCB is obligated to reconsider from those the WCB has the authority, but not the obligation, to reconsider. These changes are effective for all reconsiderations received on or after January 1, 2022.
21.10.40, Expenses for Attendance at Appeal Hearings:
Amended to reflect an increase in travel and meal allowance for attendance at Appeal Hearings effective January 1, 2022.
22.20, Compliance and Enforcement:
Policy amended and renamed to address changes proposed by recommendations 17 & 18 of the LRC Report, by Board Order No. 40/21 on November 25, 2021 effective January 1, 2022.
22.70.30.10, Employer Obligation to Pay a Worker for the Day of Accident:
Rescinded by Board Order 18/21 effective on January 1, 2022 and removed from the WCB Policy Manual. The rescinded policy applied to accidents occurring between 2006 and 2021.
22.70.40, Employer Obligations to Pay and Repay Workers:
New policy approved by Board Order 18/21 on June 17, 2021 effective for accidents occurring on or after January 1, 2022. Policy 22.70.40 outlines the employer's obligation to pay or repay their worker, the consequences employers face for failing to comply with this obligation, and when the WCB will reimburse the worker.
Policy amended by Board Order No. 17/20 on June 18, 2020. The amendments align the language of the policy to the new language introduced by Bill 18, The Workers Compensation Amendment Act. Changes are effective January 1, 2022.
35.10.120, Terms and Conditions of Optional Coverage:
Policy amended by Board Order 16/20, on June 18, 2020 to remove the maximum optional/personal coverage ("MOC") level to reflect the reinstatement of a statutory cap on insurable earnings for workers. These changes are effective on January 1, 2022.
35.20.50, Requests for Self-Insured Employer Status:
Policy approved by Board Order No. 12/20 on April 17, 2020. This new policy takes effect January 1, 2022. It clarifies that the Board of Directors will not approve requests for self-insured employer status from Class E employers and outlines the circumstances in which the WCB may reassign a covered employer to a different employer class. Original policy 35.20.50, Requests for Self-Insured Status, was repealed on January 1, 2022.
35.20.60, Security Requirements for Class B Employers:
Policy 35.20.60 was established by Board Order No. 17/21 on June 17, 2021, effective January 1, 2022. The new policy lists the forms of security that the WCB will accept and the required level of security. The renewal and expiry dates of the security are also specified. Policy 35.20.50.01, Criteria for Self-Insured Status under Class B, was previously rescinded and has been removed from the WCB Policy Manual effective January 1, 2022.
36.60, Payment of Compensation: Special Circumstances:
Policy established by Board Order No. 12/20 on April 17, 2020, to align with Bill 18, The Workers Compensation Amendment Act. This replaces policy 36.60, Payments on Behalf of Persons with Mental Illness, which has been repealed removed from the WCB Policy Manual. These changes are effective January 1, 2022.
36.70, Assignment of Wage Loss Benefits:
New policy approved by Board Order No. 36/20 on December 17, 2020 effective for all decisions occurring on or after January 1, 2022
44.05.30, Adjudication of Psychological Injuries:
Policy rewritten and approved by Board Order 29/2020 on November 26, 2020 effective for all claims with accident dates on or after January 1, 2022. Policy rewritten to reflect legislative changes, in particular the definition of "accident".
44.10.20.60, Recurring Effects of Injuries and Illnesses (Recurrences):
Policy amended by Board Order 11/21 on April 19, 2021 to be effective on January 1, 2022. The revised policy which was renumbered to 44.10.20.60 from the previous 44.10.20.50.10 will apply to recurrences for workers whose previous workplace accident occurred on or after January 1, 1992. Changes to the policy include explaining how the WCB determines if there has been a recurrence; identifying that dominant cause is the standard of causation applicable for recurrences (i.e. the previous workplace accident must be the dominant cause of the worker’s current condition); and clarifying how the maximum annual earnings level is calculated in the event of a recurrence.
44.10.20.50.10, Recurring Effects of Injuries and Illness (Recurrences):
Rescinded by Board Order 11/21 on April 19, 2021 effective January 1, 2022. The repealed policy was removed from the WCB Policy Manual.
44.10.80.40, Secondary Injury:
Policy amended and renamed by Board Order No. 50/21 on December 14, 2021 effective January 1, 2022. Further Injuries Subsequent to a Compensable Injury has been rescinded and has been removed from the WCB Policy Manual effective January 1, 2022.
44.80.10.10, Average Earnings:
Policy was amended by Board Order No. 37/20 on December 17, 2020 effective for all decisions on or after January 1, 2022. Changes to the policy include limiting average earnings to any maximum earnings level in effect on the date of the accident; stating that short-term average earnings will be accurately set to reflect a worker’s employment and earnings pattern; outlining that an average earnings review will be conducted at the same time for all workers, regardless whether they are receiving full or partial wage loss benefits; and clarifying when adjustments in average earnings are applied and when overpayments may be collected.
44.80.10.40, Net Average Earnings:
Policy amended by Board Order No. 30/20, on November 26, 2020 effective for all accidents on or after January 1, 2022. Policy changes include stating that the probable deductions for income tax, CPP and EI are not actually remitted to the Canada Revenue Agency; modifying the manner in which the injured worker claims the spouse/partner tax credit; and eliminating the child-support tax deduction that a worker can claim.
44.80.30.10, Establishing Post-Accident Earning Capacity:
Policy was amended by Board Order No. 31/20 on November 26, 2020 effective January 1, 2022. Policy changes include clarifying the key principles and rules used to establish a worker’s earnings after the accident, regardless of accident date; consolidating information regarding specific types of income or benefits used to determine a worker’s post-accident earning capacity; and providing information on how the WCB conducts certain types of calculations.
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