Policy
Arrears are retroactive permanent disability benefits, paid as a lump sum, dating from the onset of permanent disability.
Purpose
The purpose of this policy is to provide guidelines respecting arrears payments for permanent disability benefits.
Guidelines
Initial permanent disability assessment
Arrears are calculated for all periods where temporary benefits were not paid or were less than the monthly permanent disability benefit. The arrears amount is the difference between the permanent disability benefit and temporary benefits already paid for that period. Information about the calculation of permanent disability benefits can be found in 18-07-04, Calculating Permanent Disability Benefits.
The WSIB usually determines the dating of arrears at the time of the permanent disability assessment.
Permanent disability reassessment
If a permanent disability benefit is increased after reassessment, the increase dates from
- three months prior to the date of the request, or
- an earlier date if supported by clinical evidence.
Objection
If a permanent disability benefit is increased as a result of an objection, the increase dates from the same arrears date as the previous permanent disability benefit.
Application date
This policy applies to all decisions made for entitlement periods on or after January 1, 2018, for accidents prior to January 2, 1990.
Document History
This document replaces 18-07-05 dated October 12, 2004.
Previously this document was published as:
05-03-07 dated November 1989.
References
Legislative Authority
Workplace Safety and Insurance Act, 1997, as amended
Sections 102, 111
Workers' Compensation Act, R.S.O. 1990, as amended
Sections 144, 145, 146
Workers' Compensation Act, R.S.O. 1980, as amended
Sections 45(1), 132
Minute
Administrative
#12, November 15, 2017, Page 544