WCB Appoints Advisory Committee to Review Policy on Estimated Earnings Capacity (Deeming) - November 2001

As part of ongoing efforts to improve services to workers, the Workers Compensation Board has appointed an advisory committee to review current policy on “estimating earning capacity,” the process commonly referred to as “deeming.” Carol Anne Duffy, Chief Executive Officer of the Workers Compensation Board, commented “the process of ‘estimating earning capacity’ has been highlighted by workers as one of significant concern. In response, we have established a committee to provide advice to the Board on proposed revisions to policy in this area.”

The Earning Capacity Committee will be chaired by Mr. Al James. Members of the committee represent WCB stakeholders including workers, employers, health care providers and the public at large. Duffy stated “we have adopted an approach which brings our stakeholders together to work through difficult issues and provide advice to the Board. This approach has worked well with legislative and policy review efforts to date and we look forward to working with our stakeholders toward solutions in the area of deeming.”

Current policy requires the Board to determine what loss of earnings may exist as the result of work place injury. When post-accident earnings are less than pre-accident earnings, the Board compensates the worker for this loss. Where medical evidence suggests that the worker can no longer perform pre-accident job duties yet is able to return to some type of employment, the Board supports the worker through vocational rehabilitation and return to work programs. Upon completion of such programs, if the worker does not return to work, the Board is required to determine what the worker is capable of earning and compare it to pre-accident earnings. The worker is then compensated for any loss.

Objectives for the Earning Capacity Committee include understanding current policies and procedures, considering impacts and implications of proposed policy revision, facilitating stakeholder consultation and providing advice to the Board on policy direction.

Jim Lee, Chair of Workers Compensation Board, said “the committee will conduct a thorough review of current ‘estimating earning capacity’ policy. The Board is committed to considering all recommendations that come forward.” It is anticipated that recommendations will be brought forward to the Board in March 2002.

For more information contact Mark Barrett:

Tel: (902) 894-0362
Email: mabarrett@wcb.pe.ca