Section #: 
31.10.40
Effective date: 
Thursday, January 22, 1976
Last update: 
Wednesday, June 27, 2012

 

Policy Purpose

As provided for in The Workers Compensation Act, where funds are recovered by the WCB from third parties as a result of legal action arising from an accident, any excess over the costs incurred by the WCB, including benefits awarded, will be paid to the claimant.

If the WCB recovers an amount of money that is less than the amount of compensation the worker is entitled to, then the WCB will keep the recovered amount and apply it to reduce the costs of compensation. The worker will still be entitled to the full amount of compensation they would have received had an action not been taken.

This policy describes when and how third party recoveries are processed and excess recoveries are calculated and paid.