sfcope343 Workers Compensation in Ontario is governed by the Workplace Safety and Insurance Act WSIA and managed by Workplace Safety and Insurance Board WSIB WORKERS COMPENSATION ID: 1048677
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1. LEARNING OBJECTIVEUnderstanding Permanent Impairment Awardssf/cope343
2. Workers’ Compensation in Ontario is governed by the Workplace Safety and Insurance Act (WSIA) and managed by Workplace Safety and Insurance Board (WSIB).WORKERS’ COMPENSATION sf/cope343
3. HISTORY OF LEGISLATIVE CHANGE Three distinct eras of compensationEntitlement is dictated by eraEra determined by date of accident Pre 19901990-1997Post 1998sf/cope343
4. HISTORY OF BENEFITS 1915192019501985199855% gross 7-day waiting period 85% NAE90% NAE No waiting period 75% gross66% gross NAE = net average earningssf/cope343
5. WORKERS’ COMPENSATION The Workers' Compensation system is designed to protect workers from the financial hardships associated with work-related injuries and occupational diseases.Payments for:Loss of Earnings/wagesBenefits & ServicesPayments for: Impairment, (loss of function)sf/cope343
6. Once a worker is healed as good as to be expected they may receive a pension/awardMAXIMUM MEDICAL RECOVERY (MMR) Pre - 19901990 – 1997Post - 1998Non-Economic Loss Award (NEL)Permanent Partial Disability Award(PPD)Non-Economic Loss Award (NEL)Entitlement is dictated by eraEra determined by date of accidentsf/cope343
7. Determining MMR:recent clinical evidence indicates any change in the work-related injury/disease,the worker is receiving or will receive treatment that is likely to improve the work-related injury/disease, orthe worker is receiving treatment or using medication to maintain the current level of recovery.If required, a clinical opinion may be obtained to assist in determining when MMR has been reached.NEL PROCEDURE sf/cope343
8. Determining ongoing impairmenta physical abnormality a physical loss a functional abnormalitya functional loss a disfigurement psychological damageNEL PROCEDURE sf/cope343
9. Determining work-relatednesswhether the current diagnosis is the same as or compatible with the initial work-related injury/disease diagnosis,whether the clinical evidence of impairment is related to the current diagnosis, andwhether a pre-existing condition or other non-work-related factor is causing or contributing to the impairment.NEL PROCEDURE sf/cope343
10. Degree of impairment Prescribed rating scheduleImpairment listedImpairment not listed decision-maker uses body parts, systems or functions which are most similarThe degree of impairment is expressed as a percentage of total impairment of whole person.NEL PROCEDURE sf/cope343
11. NEL rated by a NEL Clinical Specialist.Independent medical assessment may be required.The degree of PI is expressed as a “whole person impairment” percentage.NEL PROCEDURE sf/cope343
12. % of impairment Age at the time of Permanent Impairment (PI)$45,000 base rate for worker age 45+/- $1,000 for each year younger or older than 45NEL CALCULATION sf/cope343
13. POST-1990NON-ECONOMIC LOSS AWARD (NEL)Worker age 4510 % Permanent Impairment$45,000 base rate45 x 10% = $4500 NEL awardWorker age 35 10% Permanent Impairment $55,000 base rate (increased by $1000 every year under 45 years of age)55 x 10% = $5500 NEL awardsf/cope343
14. One week earlier ...sf/cope343
15. 15sf/cope343
16. 16WSIB MEAT CHARTTotal immobility of hipLoss of penisAmputation through thighAmputation through kneeAmputation through ankleAmputation through footAmputation of greater toeTotal immobility of kneeTotal immobility of ankleScarring of faceLoss of sight in one eyeTotal deafness in one earTotal immobility of cervical spineFrozen shoulderAmputation – proximal third of humerusAmputation – middle third of humerusAmputation – distal third of humerusAmputation – forearm at radial tuberosityTotal immobility of elbowTotal immobility of wristTotal immobility of entire spineTotal immobility of lumbar spine Kidney losssf/cope343
17. SAMPLE MEAT CHARTsf/cope343
18. PRE-1990 - PERMANENT PARTIAL DISABILITY AWARD (PPD)Injury before 1990 Worker age 4510% Permanent Impairment Monthly Compensation Rate - $2,000.00Calculation 10% x $2,000.00Award - $200 per month for life (PPD Award)Note: Worker age 35 - $200 per month for lifesf/cope343
19. 2018 NEL Pre-1990 PPD Age 45 Age 45 10% PI 10% PI Base Amount Monthly Comp Rate = $ 59,981.69 = $ 2,000 X 10% X 10% = $ 5,998.17 = $ 200/month ONCE FOR LIFE sf/cope343
20. 198920191990$200 monthlyfor lifeLump sum$5500Lump sum$7500Injured worker10% Impairment Age 35Age 55 = SameAge 55 = $3500Age 55 = $4772sf/cope343
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