Summary of Issue: Workers' Compensation Payments

Decision 68682 Full Text of Decision 68682

The claimant's argument is that it was unconstitutional have to repay workers' compensation monies to the EI fund.

Decision 49581A Full Text of Decision 49581A

The claimant did not receive a final settlement of his claim. He was assured that he would be entitled to a pension until the age indicated in the letter from the CSST, but that the amount would be adjusted if he were to return to work. Therefore, this is not a final settlement and confirms that these are benefits to compensate for a loss of income.

Decision A-0577.97 Full Text of Decision A-0577.97

The claimant received workers' compensation from the CSST from 27-11-91 to 12-11-93. Refusal to antedate to 4-7-93: no interruption of earnings before 11-93. The Umpire found that the compensation consisted of temporary payments for earnings replacement and not payments made under a final settlement within the meaning of the Employment Insurance Regulations. Decision upheld by the FCA.**In addition, the FCA ruled that there is no distinction to be made between payments received for loss of salary or for income that the claimant could earn despite the accident.

Decision 38094 Full Text of Decision 38094

In Quebec, the Act respecting industrial accidents and occupational diseases provides that a workers whose employment injury has consolidated is entitled to an income replacement indemnity for as long as he requires rehabilitation to become able to carry on his employment again or to be able to carry on suitable full-time employment. Since these amounts are not paid following a permanent settlement, they are viewed as earnings under paragraph 57(2)(b) and must be allocated to the weeks for which they are paid or payable under paragraph 58(11)(d) of the Regulations.

Decision 32073 Full Text of Decision 32073

Claimant states that the payments which he is now receiving will be permanent settlement. Found however that for the purpose of the application, WCB's payments were temporary only and consequently fall within the rubric of s.57(2)(b) of the Regulations.

Decision A-0241.94 Full Text of Decision A-0241.94

It appears to me that the Board and the Umpire understood the adjective "permanent" to modify the word "settlement" which immediately follows it and not the word "injury" which nowhere appears in the expression. I believe this is the correct interpretation. Under s.83 of the Alberta Workers' Compensation Act, claimant was paid as "Alternate Program Funding" the equivalent cost of a 6-month training-on-the-job program to which he was entitled as part of the rehabilitation program, his rehabilitation to be deemed thereby complete and final. There is no definition in the Act or the Regulations of the expression "permanent settlement workers' compensation payment". It is necessary to look at the payment in question made pursuant to provincial legislation and attempt to characterize it in terms of the language of the UI Act. Having regard to the terms of the release, that the WCB would not entertain any further assistance under s. 83 of the Alberta WC Act and that claimant's rehabilitation shall be deemed complete and final, it is difficult to avoid the conclusion that this was paid by way of a permanent settlement.

Decision 24266 Full Text of Decision 24266

Refer to: A-0241.94

Decision 23620 Full Text of Decision 23620

Temporary partial and total benefits, part of which were paid directly to an agency for welfare paid to claimant, are earnings. CUB 11433 distinguished. No evidence that they ever became a permanent settlement, even though after he underwent an operation following which his disability was permanent.

Decision 22596 Full Text of Decision 22596

There is no evidence that the Workers' Compensation payments made to the claimant were in the nature of a permanent settlement. On the contrary, the enquiry officer of the Workers' Compensation Board specifically identifies the payments as being "total temporary disability" and "rehabilitation".

Decision 16088 Full Text of Decision 16088

Partial temporary disability benefits as paid to claimant by the Saskatchewan WCB are not earnings. Claimant's incapacity was labelled temporary until the permanence could be adequately shown. This does not alter the fact that the disability was permanent.

Decision 13692 Full Text of Decision 13692

The claimant was awarded temporary partial compensation benefits based on the difference between UI benefits received and salary. Reg. 57(2)(b) clearly states that this is earnings.

Decision 11433 Full Text of Decision 11433

Injury with compensation at 90% of difference between past and present wages subject to annual review. Whether temporary or permanent under 57(2)(b) and (3)(a). Amount may change but entitlement is until age 65. That is all the permanency required. Injury is permanent.