Section #: 
36.55
Effective date: 
Monday, July 1, 1985
Last update: 
Sunday, July 1, 2012

Policy Purpose

The policy describes how benefits will be handled for spouses of fatally injured workers who remarry or enter into common law relationships.

  1. Effective July 1, 1985, for fatal accidents occurring before January 1, 1992, The Workers Compensation Act provides:
  2. 24(4) Where the surviving spouse of a deceased worker is receiving compensation, and the board determines that the surviving spouse is cohabiting with a person of the opposite sex in a relationship in which the surviving spouse is dependent upon the other person for support, the board may discontinue or suspend the payment of compensation to the spouse and may divert the compensation in whole or in part to, or for the benefit of, any other dependent of the deceased worker.
  3. 35(1) Where a surviving spouse of a worker is receiving compensation and he or she remarries, and the board determines that the surviving spouse is dependent upon his or her new spouse for support, the board may terminate monthly payments to the surviving spouse, but upon so doing shall pay the surviving spouse a lump sum of $3,600
  4. The WCB has discretion not to terminate monthly spousal benefits under these subsections.

 

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