44 (1) Every year or if a material change in circumstances occurs, the Board may review payments to a worker for loss of earnings and may confirm, vary or discontinue the payments.  1997, c. 16, Sched. A, s. 44 (1). No review after 72-month period (2) Subject to subsection (2.1), the Board shall not review the payments more than 72 months after the date of the worker’s injury.  2002, c. 18, Sched. J, s. 5 (5). Exception (2.1) The Board may review the payments more than 72 months after the date of the worker’s injury if, (a)  before the 72-month period expires, the worker fails to notify the Board of a material change in circumstances or engages in fraud or misrepresentation in connection with his or her claim for benefits under the insurance plan; (b)  the worker was provided with a labour market re-entry plan and the plan is not completed when the 72-month period expires; (c)  after the 72-month period expires, the worker suffers a significant deterioration in his or her condition that results in a redetermination of the degree of the permanent impairment under section 47; (d)  after the 72-month period expires, the worker suffers a significant deterioration in his or her condition that results in a determination of a permanent impairment under section 47; (e)  after the 72-month period expires, the worker suffers a significant deterioration in his or her condition that is likely, in the Board’s opinion, to result in a redetermination of the degree of permanent impairment under section 47; (f)  after the 72-month period expires, the worker suffers a significant temporary deterioration in his or her condition that is related to the injury; or (g)  when the 72-month period expires, (i)  the worker and the employer are co-operating in the worker’s early and safe return to work in accordance with section 40, or (ii)  the worker is co-operating in health care measures in accordance with section 34.  2002, c. 18, Sched. J, s. 5 (5); 2007, c. 7, Sched. 41, s. 3 (1, 2). Time for review when clause (2.1) (a) applies (2.2) If clause (2.1) (a) applies, the Board may review the payments at any time.  2002, c. 18, Sched. J, s. 5 (5). Time for review when clause (2.1) (b) applies (2.3) If clause (2.1) (b) applies, the Board may review the payments, (a)  within the 30 days after the date on which the plan is completed; and (b)  at any time, if the worker, at any time on or before the day that is 30 days after the date on which the plan is completed, fails to notify the Board of a material change in circumstances, or engages in fraud or misrepresentation in connection with his or her claim for benefits under the insurance plan.  2002, c. 18, Sched. J, s. 5 (5). Time for review when clause (2.1) (c) applies (2.4) If clause (2.1) (c) applies, the Board may review the payments, (a)  within the 24 months after the date on which it redetermines the degree of permanent impairment; (a.1)  within 30 days after the date on which the labour market re-entry plan is completed, where the Board redetermines the degree of permanent impairment of a worker who was provided with a labour market re-entry plan that is not completed when the 24-month period in clause (a) expires; and (b)  at any time, if the worker, at any time on or before the day on which the Board reviews the payments under clause (a), fails to notify the Board of a material change in circumstances, or engages in fraud or misrepresentation in connection with his or her claim for benefits under the insurance plan.  2002, c. 18, Sched. J, s. 5 (5); 2007, c. 7, Sched. 41, s. 3 (3). Time for review when clause (2.1) (d) applies (2.4.1) If clause (2.1) (d) applies, the Board may review the payments, (a)  within 24 months after the date on which the Board determines the degree of permanent impairment under section 47; and (b)  within 30 days after the date on which the labour market re-entry plan is completed, where the Board determines the degree of permanent impairment of a worker who was provided with a labour market re-entry plan that is not completed when the 24-month period in clause (a) expires.  2007, c. 7, Sched. 41, s. 3 (4). Time for review when clause (2.1) (e) applies (2.4.2) If clause (2.1) (e) applies, the Board may review the payments during the period that begins on the day the Board determines that the significant deterioration in the worker’s condition is likely to result in a redetermination of the degree of permanent impairment and ends on the day it makes the redetermination or determines that no redetermination shall be made.  2007, c. 7, Sched. 41, s. 3 (4). Time for review when clause (2.1) (f) applies (2.4.3) If clause (2.1) (f) applies, the Board may review the payments, (a)  at any time it considers appropriate in the period during which the worker is suffering a significant temporary deterioration in his or her condition; and (b)  when it determines that the worker has recovered from the significant temporary deterioration in his or her condition.  2007, c. 7, Sched. 41, s. 3 (4). Time for review when clause (2.1) (g) applies (2.4.4) If clause (2.1) (g) applies, the Board may review the payments up to 24 months after the date of the expiry of the 72-month period.  2007, c. 7, Sched. 41, s. 3 (4). Additional review (2.4.5) The Board may review the payments at any time, (a)  in a case to which clause (2.4) (a.1) or (2.4.1) (b) applies, if the worker, at any time on or before the day that is 30 days after the date on which the labour market re-entry plan is completed, fails to notify the Board of a material change in circumstances, or engages in fraud or misrepresentation in connection with his or her claim for benefits under the insurance plan; (b)  in a case to which clause (2.4.1) (a) or subsection (2.4.2), (2.4.3) or (2.4.4) applies, if the worker, at any time on or before the day on which the Board reviews the payments under that clause or subsection, fails to notify the Board of a material change in circumstances, or engages in fraud or misrepresentation in connection with his or her claim for benefits under the insurance plan.  2007, c. 7, Sched. 41, s. 3 (4). Transition (2.5) Clause (2.1) (b) and subsection (2.3) apply with respect to, (a)  a worker who has been provided with a labour market re-entry plan that is not completed before November 26, 2002; (b)  a worker who is provided with a labour market re-entry plan on or after November 26, 2002.  2007, c. 7, Sched. 41, s. 3 (5). Same (2.6) Clauses (2.1) (c) and (2.4) (a) and (b) apply with respect to a worker whose degree of permanent impairment is redetermined by the Board on or after November 26, 2002.  2007, c. 7, Sched. 41, s. 3 (5). Same (2.7) Clauses (2.1) (c) and (2.4) (a.1) apply with respect to a worker whose degree of permanent impairment is redetermined by the Board on or after July 1, 2007.  2007, c. 7, Sched. 41, s. 3 (5). Same (2.8) Clauses (2.1) (d) and (e) and subsections (2.4.1) and (2.4.2) apply with respect to, (a)  a worker who, on or after July 1, 2007, is suffering a significant deterioration in his or her condition that began after the 72-month period expired and that, (i)  results in a determination of the degree of permanent impairment under section 47, or (ii)  in the Board’s opinion, is likely to result in a redetermination of the degree of permanent impairment under section 47; (b)  a worker who is provided with a labour market re-entry plan that is not completed before July 1, 2007; and (c)  a worker who is provided with a labour market re-entry plan on or after July 1, 2007.  2007, c. 7, Sched. 41, s. 3 (5). Same (2.9) Clause (2.1) (f) and subsection (2.4.3) apply with respect to a worker who, on or after July 1, 2007, is suffering a significant temporary deterioration in his or her condition that began after the 72-month period expired.  2007, c. 7, Sched. 41, s. 3 (5). Same (2.10) Clause (2.1) (g) and subsection (2.4.4) apply with respect to a worker if the 72-month period expires before July 1, 2007.  2007, c. 7, Sched. 41, s. 3 (5). Adjustments prospective (2.11) Nothing in this section entitles a person to claim an adjustment of a loss of earning payment made under clauses (2.1) (c) and (2.4) (a.1) in respect of a period before July 1, 2007.  2007, c. 7, Sched. 41, s. 3 (5). Same (2.12) Nothing in this section entitles a person to claim an adjustment of a loss of earning payment made under clause (2.1) (d), (e), (f) or (g) in respect of a period before July 1, 2007.  2007, c. 7, Sched. 41, s. 3 (5). Same, certain older workers (3) A worker may direct the Board not to review the payments for loss of earnings, (a)  if the worker is 55 years old or more when the Board determines that he or she is entitled to payments for loss of earnings; (b)  if he or she has reached maximum medical recovery; and (c)  if a labour market re-entry plan for the worker has been completed.  1997, c. 16, Sched. A, s. 44 (3); 2002, c. 18, Sched. J, s. 5 (6). Same (4) The direction must be given within 30 days after the later of, (a)  the date on which the worker reaches maximum medical recovery; and (b)  the date on which the worker’s labour market re-entry plan is completed.  1997, c. 16, Sched. A, s. 44 (4); 2002, c. 18, Sched. J, s. 5 (7). Effect of direction (5) If the worker gives the direction to the Board, he or she is entitled to receive the payments until he or she reaches 65 years of age.  The direction is irrevocable.  1997, c. 16, Sched. A, s. 44 (5). Same (6) If the worker gives the direction to the Board, the Board shall review payments to the worker only if, before the direction was given, the worker failed to notify the Board of a material change in circumstances or engaged in fraud or misrepresentation in connection with his or her claim for benefits under the insurance plan.  1997, c. 16, Sched. A, s. 44 (6). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 5 (5-7) - 26/11/2002 2007, c. 7, Sched. 41, s. 3 (1-5) - 01/07/2007