Benefits awarded for accidents occurring before January 1, 1982 are intended to compensate injured workers for the permanent loss of a body part or function, rather than for loss of earnings. These benefits are commonly referred to as pre-1982 pension benefits.
Pre-1982 pension benefits are paid for either:
WorkSafeNB calculates pre-1982 pension benefits based on the higher of either:
A WorkSafeNB-approved medical examiner determines the degree of disability, expressed as a percentage of total body function, by using Regulation 82-165 – Permanent Physical Impairment Rating Schedule.
Pre-1982 PTD and PPD pension benefits are lifetime pensions or for the duration of the disability.
Claims for new injuries and recurrences of injuries are administered under current legislation, using wages at the time of new injury or recurrence to determine additional benefits.
When a recipient of a PTD award dies, the surviving spouse becomes eligible to receive survivor benefits according to subsection 38.8(2) of the Workers’ Compensation Act (WC Act) pursuant to subsection 48(5.1).
Note: Pre-1982 benefits paid during the rehabilitation of an injury were called Total Temporary Disability (TTD) benefits. Equivalent benefits under current legislation are regular loss of earnings benefits.
Multiple claims / benefits
1. Injured workers receiving pre-1982 pension benefits may also be entitled to loss of earnings benefits should they suffer another compensable injury or recurrence of an injury on or after January 1, 1982.
2. The combined loss of earnings benefits paid by WorkSafeNB, regular loss of earnings and/or long-term disability benefits, will not exceed the legislated maximum benefits level for the new injury or recurrence of the injury under section 38.101, 38.11 or 38.2 of the WC Act.
3. However, pre-1982 PTD and PPD pension benefits are neither considered to be loss of earnings benefits, nor employment related remuneration. Therefore, they are not considered when calculating loss of earnings benefits. For more information see Policy 21-210 Determining Average Earnings.
Review / upgrade of pension benefits
4. Effective January 1, 1990, WorkSafeNB reviewed and upgraded pre-1982 pensions, under section 48 of the WC Act, for workers who were under 65 years of age as of that date. Once the pre-1982 pension benefit is increased it remains at the higher level until the disability ceases or the injured worker reaches age 65.
Upgrade of PTD benefits (100% disability)
5. The guidelines for upgrading PTD benefits are explained in subsection 48(2) of the WC Act.
6. Prior to the injured worker turning 65 years of age, WorkSafeNB upgrades PTD benefits so that the injured worker receives the greater of:
Upgrade of PPD benefits of 50% to 99% disability
7. The guidelines for upgrading PPD benefits are explained in subsection 48(3) of the WC Act.
8. Prior to the injured worker turning 65 years of age, WorkSafeNB upgrades PPD benefits so that the injured worker receives the greater of:
Upgrade of PPD benefits of less than 50% disabled
9. The guidelines for upgrading PPD benefits are explained in subsection 48(4) of the WC Act.
10. Prior to the injured worker turning 65 years of age, WorkSafeNB upgrades PPD benefits so that the injured worker receives the greater of:
Effective dates
11. Pre-1982 pension benefits are paid one month in advance at the end of each month.
12. WorkSafeNB establishes the effective date of pre-1982 pension benefits on the:
Review of pension awards
13. Effective January 1, 1990, WorkSafeNB reviews pre-1982 pension benefits annually as of the anniversary date of injury. Reviews continue until:
14. At age 65, WorkSafeNB:
Review of PTD benefits (100% disabled)
Prior to age 65
15. WorkSafeNB reviews PTD benefits annually. During the annual review, PTD benefits are adjusted to the greater of:
At age 65
16. WorkSafeNB completes one final review as of the date that the injured worker turns 65. This final review determines the final benefit level to be paid for the duration of the disability or until the death of the injured worker.
17. This final benefit level is the greater of:
Note: For injured workers who were not receiving CPP or OAS in 1984, on the date that they become eligible to receive these benefits, WorkSafeNB uses the amount that they are entitled to receive to complete the formula in bullet three (above). For the purpose of this calculation, that CPP or OAS rate is not increased thereafter.
Review of PPD benefits of 50% to 99% disabled
Prior to age 65
18. For injured workers whose disability level is between 50% and 99%, WorkSafeNB reviews PPD benefits annually and adjusts them to the greater of:
At age 65
19. WorkSafeNB completes one final review as of the date that the injured worker turns 65. This final review determines the final benefit level paid for the duration of the disability or until the death of the injured worker.
20. This final benefit level is the greater of:
Review of PPD benefits of less than 50% disabled
Prior to age 65
21. For injured workers whose disability level is less than 50% (i.e., 49% or less), WorkSafeNB reviews PPD benefits annually and adjusts them to the greater of:
At age 65
22. WorkSafeNB completes one final review as of the date that the injured worker turns 65. This final review determines the final benefit level paid for the duration of the disability or until the death of the injured worker.
23. This final benefit level is the greater of:
Note: For injured workers who were not receiving CPP or OAS in 1984, on the date that they become eligible to receive these benefits, WorkSafeNB uses the amount that they are entitled to receive to complete the formula in bullet three (above). For the purpose of this calculation, that CPP or OAS rate is not increased thereafter.
Previous versions
Authority
Sections 37, 38(1), 38.8(1), 38.8(2), 48
Regulation 82-165 - Permanent Physical Impairment Rating Schedule
Minimum monthly pre-accident wage base – the minimum amount of pre-accident monthly wages used to set the minimum level of pre-1982 pension benefits. These monthly amounts are effective as follows:
New Brunswick Industrial Aggregate Earnings (NBIAE) - the amount set by WorkSafeNB as of the first day of January of each year, which shall be equal to $27,323 for the year 1993 and which shall thereafter be increased by the percentage increase in the Consumer Price Index for Canada for all items for the twelve month period ending the thirtieth day of June in each year as determined by WorkSafeNB in August of each year on the basis of monthly reports published in that respect by Statistics Canada for that period. (Workers' Compensation Act)
Recurrence of an injury - the return or reactivation of the original compensable injury that results in disablement from employment.