Section #: 
44.80.30.10.10
Effective date: 
Sunday, January 1, 1995
Last update: 
Wednesday, June 27, 2012

For accidents on or after January 1, 1992 to December 31, 2005.

Policy Purpose

For accidents on or after January 1, 1992, The Workers Compensation Act (the Act) states that a worker shall not receive more than 90% of his/her actual loss of earning capacity. This is the case even if the payment above the 90% level comes from a source other than the WCB (ie., a "collateral benefit"). However, the Act does allow payment in excess of 90% of the actual loss of earning capacity under very specific circumstances.