Recurrence of Injury

Recurrence of Injury

Effective Dates

June 30, 2012 and still in effect

Policy Code

EN-16

General Information

It is common for decision-makers to receive new medical information, or a request from a worker to reinstate benefits, after the end date of benefits. The YWCHSB decisionmaker has to decide whether to authorize benefits based on the original adjudication decision, or whether further evidence is necessary to support a new adjudication decision.

Section 26 of the Workers’ Compensation Act S.Y. 2008 (the “Act”) specifies that when a worker who was previously in receipt of compensation has suffered a recurrence of their work-related injury, their loss of earnings benefit rate is set based on the greater of) specifies that when a worker who was previously in receipt of compensation has suffered a recurrence of their work-related injury, their loss of earnings benefit rate is set based on the greater of the worker’s average weekly earnings immediately before the injury arose, and the average weekly earnings at the time of the recurrence.

Section 15 grants authority to decision-makers of Yukon Workers’ Compensation Health and Safety Board (YWCHSB) to determine the duration and degree of the work-related injury, the average weekly earnings of a worker, the weekly loss of earnings resulting from a work-related injury, and any other matter pertaining to compensation.

Purpose

This policy aids in determining whether a worker is experiencing a recurrence of their work-related injury, and if they are, the benefits to which the worker is entitled. It also explains other situations where a worker might be eligible for further benefits, aiding the decision-maker. This includes situations such as a continuation of the original injury, a new injury, known or anticipated future treatment, the development of a subsequent disorder or condition, or the aggravation of a pre-existing condition.

Loss of Earnings Benefits

June 30, 2012 - December 31, 2015 | EL-01 | Earnings Loss

Arising Out Of and In The Course Of Employment

June 30, 2009 - June 29, 2018 | EN-01 | Entitlement

Merits and Justice of the Case

June 30, 2008 - December 16, 2013 | EN-02 | Entitlement

Pre-Existing Conditions

June 30, 2008 - June 30, 2015 | EN-07 | Entitlement

Subsequent Disorders or Conditions Resulting from a Work-Related Injury

June 30, 2008 and still in effect | EN-10 | Entitlement

Permanent Impairment

June 30, 2008 - June 30, 2015 | EN-12 | Entitlement

Overview: Provision of Health Care Assistance

December 31, 2009 and still in effect | HC-01 | Health Care Services

Employer's Obligation to Re-employ - Overview

June 30, 2012 and still in effect | RE-04 | Return to Work

Compliance with the Re-employment Obligation

June 30, 2012 and still in effect | RE-07-1 | Return to Work