Policy:

The WCB will pay compensation when there is a recurrence of temporary disability due to a previous compensable disability from which a worker had apparently recovered.  Provided all the conditions set out in s.61 of the Act are met, the rate of compensation may be based on the worker's earnings at the time of the recurrence.

As the provisions of s.61 of the Act are intended to recognize the impact of recurrence of temporary disability on current earning capacity, the rate of compensation established under s.61 applies only to wage replacement benefits (e.g., temporary disability benefits, earnings loss supplements, economic loss payments).

This consolidated policy is effective February 15, 1997 unless noted otherwise.  Any exceptions are noted within the specific policy sections.

Interpretation

1.0 Recurrence of Temporary Disability

A recurrence is a clinically demonstrated increase in physical impairment or disability, resulting in temporary disability, which can be directly related to a previously stabilized compensable condition.

For the purposes of the WCB, it is important to differentiate between a recurrence of temporary disability and a continuation.  This is because the provisions of s.61 only apply to recurrences.  Compensation for a continuation is calculated using date of accident earnings.

If an intervening incident is considered significant and capable of causing the injury or aggravating a susceptibility to injury, the WCB does not consider the incident a recurrence, but rather a new and separate incident subject to the provisions of Policy 02-01 (Arises Out of and Occurs in the Course of Employment).

2.0 Recovered

A worker is considered to have recovered from a compensable disability when the medical recovery reaches a plateau at which no further significant change in condition is anticipated.  Consequently, temporary compensation benefits are no longer being paid.  The presence of a permanent impairment or periodic medical follow-up because of the compensable injury is not a bar to considering application of the provisions of s.61.

Please see Part II for additional information on the following subjects:

Application

1. General