A worker must experience a loss of earnings for 12 continuous months, without interruption, to be entitled to a FEL benefit.
Interruption of continuity
Workers are not entitled to a FEL benefit if their loss of earnings is completely restored for a single period of one month or more, within that 12-month period. This functions as an interruption to the 12-month cycle, and if the worker again experiences a loss of earnings, the calculation of the 12 continuous months begins from the start of the most recent loss of earnings.
Intermittent resumptions of earnings of 1 - 2 weeks at a time over 12 months are insufficient to break continuity, even if those weeks total one month or more.
The work-related loss of earnings may be partial or total.
Full restoration of earnings
A decision-maker generally assumes that full restoration of earnings occurs when a worker's post-injury net average earnings (NAE) equal or exceed pre-injury NAE.
This policy applies to all FEL decisions made on or after January 1, 1998, for accidents from January 2, 1990 to December 31, 1997.
This document replaces 18-04-04 dated June 15, 1999.
This document was previously published as:
7.3 dated January 1, 1998
05-05-04 dated November 1, 1991.
Workers' Compensation Act, R.S.O. 1990, as amended
#2, June 28, 2004, Page 382