POA Decision – 2000/01/21-03 – Loss of Earnings Pension Past Age 65
The Panel of Administrators approved amendments to the Board's policy on the duration of projected loss of earnings pensions, as provided in policy item #40.20 of the Rehabilitation Services and Claims Manual. Section 23(3) of the Workers Compensation Act provides for the projected loss of earnings method of calculating a permanent partial disability pension. The Board does not consider that these pensions should be payable for life in every case. Since this type of pension is based on actual loss of earnings resulting from the injury, the Board considers it reasonable to interpret the provision as allowing for termination of benefits when a worker would not have been working due to retirement. Policy item #40.20 was amended to clarify that the Board considers age 65 to be the standard retirement age. The policy was also amended to clearly state that a projected loss of earnings pension may be awarded or continued in whole past the standard retirement age. In these situations, clear and objective evidence will be required to show that the worker would have continued to work past the standard retirement age if the compensable injury had not occurred. The amendments came into effect on April 1, 2000.