Effect of a 0% NEL Rating on FEL Benefits

Policy

If the WSIB concludes, through a non-economic loss (NEL) determination, see 18-05-03, Determining the Degree of Permanent Impairment, that a worker has a 0% permanent impairment rating, and the worker is receiving a future economic loss (FEL) benefit at the time of this rating, the worker's FEL benefit ends.

Purpose

The purpose of this policy is to outline the effect of a 0% NEL rating on FEL benefits.

A 0% NEL rating indicates that the worker does not have a permanent impairment, and therefore is unlikely to have a loss of earnings arising from the injury. As a result, the worker's entitlement to a FEL benefit and supplement (if any) is paid until the worker is fully notified, up to a maximum of 2 weeks, see 18-04-11, Supplements for Programs and Work Reintegration Activities Before and After 24 Months, and 18-04-06, Initial Determination - Where Suitable Occupation has been Determined.

Application date

This policy applies to all FEL decisions made on or after February 15, 2013, for accidents from January 2, 1990 to December 31, 1997.

Document History

This document replaces 18-04-15 dated July 18, 2008.

This document was previously published as:
18-04-15 dated August 1, 2007
18-04-15 dated October 12, 2004
18-04-15 dated June 15, 1999
7.14 dated January 1, 1998.

References

Legislative Authority

Workplace Safety and Insurance Act, 1997, as amended
Sections 46, 47(13), 102, 106

Workers' Compensation Act, R.S.O. 1990, as amended
Sections 42, 43

Minute

Administrative
#33, January 28, 2013, Page 507