November 30, 2021
Recent Amendments to Workers Compensation Act
New amendments to the Workers Compensation Act were recently approved in the fall 2021 sitting of the Legislative Assembly that help clarify and modernize the current legislation. Among the recent amendments to the Workers Compensation Act and regulation were changes to the indexation of compensation benefits, which would increase the amount of benefits paid to workers on long term benefits and survivors of fatally injured workers. Indexation refers to the adjustments made to workers compensation benefits to address increases in the cost of living each year. Previously, the legislation allowed for annual adjustments to extended wage loss benefits, pensions and survivor benefits based on 80% of the Consumer Price Index, up to 4% of the benefit amount. The adjustment is applied in July each year. The new changes would see the annual indexation of Extended Wage Loss, pension and survivor benefits increased to 100% of the annual change in the Consumer Price Index for PEI, up to a max of 4%. “These changes will help to ensure that WCB claimants and surviving family members can keep up with the rising costs of living,” said Jim MacPhee, Chair of the Workers Compensation Board of Prince Edward Island. Other notable amendments include revised definitions of “worker” and “accident”, as well as the removal of the exclusion of the construction industry under return to work provisions. These amendments to the Workers Compensation Act came into effect on November 17, 2021. Increases to the indexation of WCB extended wage loss, pension and survivor benefits will take place when the next annual calculation occurs on July 1, 2022.
November 26, 2021
Workers Compensation Board of PEI announces 2022 Rates and Surplus Distribution to Employers
The Workers Compensation Board of Prince Edward Island has announced a reduction in the estimated average assessment rate for Island employers. The estimated average assessment rate for 2022 will be $1.43 per $100 of payroll, which is a 9% or 14 cent decrease from 2021 rates.In accordance with the Board’s Funding Policy and considering the funding status of the WCB, a 7 cent reduction has been applied to the required gross rate of $1.50 to bring it to $1.43.Furthermore, a $25.5 million surplus distribution will be paid to employers in 2021, which is equal to approximately 15% of the Boards total liabilities (valued at $166.3 million) at December 31, 2020.A surplus distribution may be considered if the Boards funding status is greater than 140%. The funding status at December 31, 2020 was 155.4%.This announcement follows a decade of declining assessment rates, very strong investment returns, strong growth in the Island's assessable payroll, a focus on injury prevention and return to work efforts and generally, an overall strong funded position and a funding policy that focuses on sustainability and minimizing volatility, while offering service and increased supports to injured workers.“We are pleased to be able to provide stable and decreasing rates in a time where our Island economy has encountered many serious disruptions and instability in being able to project into the future,” said Jim MacPhee, Chair of the Workers Compensation Board.With a 2022 estimated value of approximate $34.0 million dollars, claim costs are the most significant cost driver considered during the annual rate setting process. Improved claim cost estimates have contributed to the decreased estimated average assessment rate of $1.43 for the 2022 year.All Island employers will be advised of their individual assessment rates in December 2021, which are based on the costs of claims and the risks of workplace injury in their specific industries and further are experience rated to the firm level. For more information on the assessment rate groups, please visit wcb.pe.ca/2022rates. The surplus will be distributed to eligible employers in December 2021. For more information on the most frequently asked questions related to the surplus, visit wcb.pe.ca/surplus.
