Purpose
The purpose of this policy is to explain the minimum level of benefits and when it applies.
Scope
This policy applies to workers injured prior to January 1, 1993 who were in receipt of benefits under subsection 38.2(3) of the Workers’ Compensation Act (WC Act).
Statements
1.0 General
The WC Act guarantees minimum benefits after 24 months of being totally disabled and continuously receiving benefits. To qualify for benefits at the protected minimum, workers must:
In all other claims, WorkSafeNB does not apply a minimum benefit level. For more information on how benefits are calculated see Policy No. 21-210 – Determining Average Earnings.
Workers’ Compensation Act (RSNB 1973, c W-13)
Although s. 38.2(3) of the WC Act was repealed effective January 1, 1993, s. 21 Bill 55 enacted on May 21, 1992 enabled the Commission to continue to base entitled benefits on a minimum level as long as uninterrupted benefits continued. It provided that a worker who was injured after May, 18, 1982 and had sustained an earnings loss for 2 years after the date of the injury or recurrence of the injury and was completely unable to work, was eligible to receive benefits of not less than 50% of the New Brunswick Industrial Aggregate Earnings.
The above section does not apply to new claims with accident dates on or after January 1, 1993, but it continues to apply to workers who were injured between May 18, 1982 but before January 1, 1993 as long as benefits continued uninterrupted.
Appeals Tribunal – means the Workers’ Compensation Appeals Tribunal established under the WHSCC & WCAT Act.
WorkSafeNB – means the Workplace Health, Safety and Compensation Commission or "the Commission" as defined by the WHSCC & WCAT Act.