Blending FEL Benefits with Other Benefits

Policy

The determination of a Future Economic Loss (FEL) benefit is made independently of other compensation benefits being paid to a worker. The WSIB does not blend in pensions, temporary disability benefits, loss of earnings benefits, or FEL benefits from other claims.

Guidelines

Blending pensions with FEL benefits

If a worker in receipt of a permanent disability pension benefit subsequently becomes entitled to a FEL benefit, the determination of the FEL benefit excludes the worker’s existing pension benefits, and is determined in accordance with the initial FEL determination (see 18-04-05, Initial Determination - Workers who are Earning at Time of Determination and 18-04-06, Initial Determination - Where Suitable and Available Employment or Business has been Determined).

Blending FEL benefits with LOE benefits

If a worker in receipt of a FEL benefit has a new work-related accident for which loss of earnings (LOE) benefits are paid, the LOE benefits are calculated without regard to the FEL benefit.

Blending two or more FEL benefits

If a worker receives two or more FEL benefits arising from different work-related accidents, the amount of each is determined independently of the other.

Application date

This policy applies to all FEL decisions made on or after July 1, 2007, for all accidents from January 2, 1990 to December 31, 1997.

Document History

This document replaces 18-04-07 dated October 12, 2004.

Previously, this document was published as:
18-04-07 dated June 15, 1999
7.6* dated January 1, 1998
05-05-07* dated September 4, 1991.

*Documents were replaced by 18-04-07 dated June 15, 1999.

References

Legislative Authority

Workplace Safety and Insurance Act, 1997, as amended
Sections 43, 102, 107

Workers’ Compensation Act, R.S.O. 1990, as amended
Sections 37(1), 43, 145, 146

Minute

Administrative
#30, June 26, 2007, Page 443