43 (1) A worker who has a loss of earnings as a result of the injury is entitled to payments under this section beginning when the loss of earnings begins. The payments continue until the earliest of, (a)  the day on which the worker’s loss of earnings ceases; (b)  the day on which the worker reaches 65 years of age, if the worker was less than 63 years of age on the date of the injury; (c)  two years after the date of the injury, if the worker was 63 years of age or older on the date of the injury; (d)  the day on which the worker is no longer impaired as a result of the injury.  1997, c. 16, Sched. A, s. 43 (1). Amount (2) Subject to subsections (2.1), (2.2), (3) and (4), the amount of the payments is 85 per cent of the difference between, (a)  the worker’s net average earnings before the injury; and (b)  the net average earnings that the worker earns or is able to earn in suitable and available employment or business after the injury. 2017, c. 8, Sched. 33, s. 3 (1). Minimum amount, full loss of earnings (2.1) The minimum amount of the payments for full loss of earnings is the lesser of $22,904.44 and the worker’s net average earnings before the injury. 2017, c. 8, Sched. 33, s. 3 (1). Minimum amount, partial loss of earnings (2.2) The minimum amount of the payments for partial loss of earnings is, (a)  if the worker’s net average earnings before the injury is less than $17,559.88, the difference between the worker’s net average earnings before the injury and the net average earnings that the worker earns or is able to earn in suitable and available employment or business after the injury; or (b)  if the worker’s net average earnings before the injury is greater than or equal to $17,559.88, but 85 per cent of the worker’s net average earnings before the injury is less than $17,559.88, the higher of, (i)  the difference between $17,559.88 and the net average earnings that the worker earns or is able to earn in suitable and available employment or business after the injury, and (ii)  85 per cent of the difference between the worker’s net average earnings before the injury and the net average earnings that the worker earns or is able to earn in suitable and available employment or business after the injury. 2017, c. 8, Sched. 33, s. 3 (2). Payments where co-operating (3) The amount of the payment is 85 per cent of the difference between his or her net average earnings before the injury and any net average earnings the worker earns after the injury, if the worker is co-operating in health care measures and, (a)  his or her early and safe return to work; or (b)  all aspects of a labour market re-entry assessment or plan.  1997, c. 16, Sched. A, s. 43 (3); 2000, c. 26, Sched. I, s. 1 (6). Earnings after injury (4) The Board shall determine the worker’s earnings after the injury to be the earnings that the worker is able to earn from the employment or business that is suitable for the worker under section 42 and is available and, (a)  if the worker is provided with a labour market re-entry plan, the earnings shall be determined as of the date the worker completes the plan; or (b)  if the Board decides that the worker does not require a labour market re-entry plan, the earnings shall be determined as of the date the Board makes the decision.  2007, c. 7, Sched. 41, s. 2 (2). Calculation of amount (5) The calculation of the amount of the payments is subject to the following rules: 1.  The amount of the payment must be adjusted by the indexing factor for each January 1, beginning January 1, 2018. 2.  The amount described in clause (2) (b) must reflect any disability payments paid to the worker under the Canada Pension Plan or the Quebec Pension Plan in respect of the injury. 2015, c. 38, Sched. 23, s. 1. (6) Repealed: 2015, c. 38, Sched. 23, s. 1. Failure to co-operate (7) The Board may reduce or suspend payments to the worker during any period when the worker is not co-operating, (a)  in health care measures; (b)  in his or her early and safe return to work; or (c)  in all aspects of a labour market re-entry assessment or plan provided to the worker.  1997, c. 16, Sched. A, s. 43 (7). Transition, full loss of earnings (8) The following rules apply for the purpose of calculating amounts payable for full loss of earnings under this section for any period before January 1, 2017, regardless of when the Board determines that the worker is entitled to the amount: 1.  The minimum amount for full loss of earnings set out in subsection (2) as it read on December 30, 2017, and as adjusted in accordance with section 51, as it read on December 31, 2017, continues to apply for the purpose of calculating amounts payable for full loss of earnings under this section for the calendar year in which the injury was sustained. 2.  The minimum amount for full loss of earnings set out in subsection (2) as it read on December 30, 2017, and as adjusted in accordance with the alternate indexing factor described in subsection 50 (1), as it read on December 31, 2017, continues to apply for the purpose of calculating amounts payable for full loss of earnings under this section for subsequent years. 2017, c. 8, Sched. 33, s. 3 (3). Same, 2017 injury (9) The following rules apply for the purpose of calculating amounts payable for full loss of earnings under this section for injuries sustained between January 1, 2017 and December 31, 2017, regardless of when the Board determines that the worker is entitled to the amount: 1.  The minimum amount for full loss of earnings set out in subsection (2) as it read on December 30, 2017, and as adjusted in accordance with section 51, as it read on December 31, 2017, continues to apply for the purpose of calculating amounts payable for full loss of earnings under this section for the 2017 calendar year. 2.  For the purpose of calculating the January 1, 2018 annual adjustment to amounts payable required under section 52, the Board shall calculate the amount payable using the minimum amount for full loss of earnings set out in subsection (2.1). 2017, c. 8, Sched. 33, s. 3 (3). Transition, partial loss of earnings (10) Any payments made for partial loss of earnings under this section for any period before January 1, 2018 that were calculated in the manner described in subsection (11) are not invalid solely on the ground that they were calculated in that manner, and there is no right to object to or appeal a decision, or to commence an action or other legal proceeding on that ground alone. 2017, c. 8, Sched. 33, s. 3 (4). Same (11) The amounts payable were calculated in accordance with the rules respecting the determination of the minimum amount of payments for partial loss of earnings, as set out in subsection (2.2), with the following modifications: 1.  The calculations were based on a dollar amount of $15,312.51, as of January 1, 1998. 2.  The dollar amount set out in paragraph 1 was adjusted annually in accordance with section 51, as it read on December 31, 2017. 2017, c. 8, Sched. 33, s. 3 (4). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. I, s. 1 (5) - 01/01/1998; 2000, c. 26, Sched. I, s. 1 (6) - 06/12/2000 2007, c. 7, Sched. 41, s. 2 (1, 2) - 01/07/2007 2015, c. 38, Sched. 23, s. 1 - 01/01/2018 2017, c. 8, Sched. 33, s. 3 (1) - 31/12/2017; 2017, c. 8, Sched. 33, s. 3 (2, 4) - 17/05/2017; 2017, c. 8, Sched. 33, s. 3 (3) - 01/01/2018