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Effective June 30, 2002, the Workers Compensation Act was amended by the Workers Compensation Amendment Act, 2002 ("Amendment Act, 2002"). The amendments changed the law in relation to compensation benefits for injured workers. For convenience, the law and policy as they were immediately before being changed will be called the former provisions and the law and policy after the changes will be called the current provisions. Volume I of this Manual sets out the former provisions. Volume II of this Manual sets out the current provisions.
Unless otherwise stated, "Act" in Volume I refers to the Workers Compensation Act, as it read immediately before June 30, 2002, and "Act" in Volume II refers to the Workers Compensation Act, as amended by the Amendment Act, 2002.
The transitional rules determine which Volume of this Manual is applicable. Section 35.1 of the Act, as amended by the Amendment Act, 2002, contains the following transitional rules:
|1.||The current provisions apply to an injury that occurs on or after June 30, 2002.|
|2.||Except as noted in items 3, 4, and 5, the former provisions apply to an injury occurring before June 30, 2002.|
|3.||Subject to the transition rule respecting recurrences (item 4), if the injury occurred before June 30, 2002, but the first indication that it is permanently disabling occurs on or after June 30, 2002, the current provisions apply to the permanent disability award with two modifications:|
|(i)||75% of average earnings (former provisions) is used for calculating the award rather than 90% of average net earnings (current provisions); and|
|(ii)||no deduction is made for disability benefits under the Canada Pension Plan (former provisions).|
|Under this transitional rule, for an injury that occurred before June 30, 2002, where the first indication of permanent disability also occurs before June 30, 2002, the permanent disability award will be adjudicated under the former provisions. Where the first indication of permanent disability is on or after June 30, 2002, the award will be adjudicated under the current provisions, using the modified formula described in items (i) and (ii) above. The determination of when permanent disability first occurs will be based on available medical evidence.|
|An example of when this transitional rule applies is where a worker, injured before June 30, 2002, shows no signs of permanent disability before that date. However, on or after June 30, 2002, the worker has surgery, which first causes permanent disability. The permanent disability award will be adjudicated under the current provisions, using the modified formula.|
|4.||If the injury occurred before June 30, 2002, and the disability recurs on or after June 30, 2002, the current provisions apply to the recurrence.|
|This transitional rule only applies to a recurrence. A recurrence is to be distinguished from a deterioration. An example of a recurrence is where there has been total recovery from a disability and wage-loss payments have been terminated. Subsequently, there is a recurrence of the disability and the claim is reopened. An example of a deterioration is where a disability award has been assessed and the disability subsequently worsens.|
|5.||Regardless of the date of injury or death, the current provisions on indexing apply to compensation paid on or after June 30, 2002. In the case of fatalities, the current provisions are the same effect as the former provisions. Indexing of retroactive awards payable before June 30, 2002, will be based on the former provisions.|