Duty to Cooperate Part 4 of 4: Penalties for Non Cooperation

June 30, 2012 - June 30, 2022

RE-02-4

General Information

Returning an injured worker to work is a goal that requires the joint commitment and co-operation of all members of the Case Management Team – the worker, employer, health care providers, the Yukon Workers’ Compensation Health and Safety Board (YWCHSB) and other team members (for full description of the team, see YWCHSB policy RE-01, “Return to Work – Overview”). Employers pay assessment premiums to establish a compensation fund designed to compensate those workers who are injured at work. YWCHSB is obligated by the Workers’ Compensation Act S.Y. 2008 (the “Act”) to “maintain a solvent compensation fund managed in the interests of workers and employers”.

Failure to comply (employer or worker) with the provisions of the Act causes
inefficiencies and unnecessary costs to the system. YWCHSB is obligated to take steps to reduce these inefficiencies in the interests of the compensation fund and all parties involved and as such, may levy penalties or suspend, reduce or terminate benefits to encourage compliance.

Purpose

This policy explains the penalties that YWCHSB may impose upon workers or
employers when they are not meeting their responsibilities and obligations under the Act relating to the duty to co-operate in the early and safe return to work of an
injured worker.