31. No weekly income replacement benefits are payable to a person under Part II, no weekly education disability benefits are payable to a person under section 15, no weekly caregiver benefits are payable to a person under Part IV and no weekly disability benefits are payable to a person under Part V, (a)  after loss of earning capacity benefits begin to be paid to the person under this Part; or (b)  if the amount of the weekly loss of earning capacity benefits payable to the person has been determined in accordance with this Part to be zero.  O. Reg. 776/93, s. 31. Temporary Supplement to Benefits

32. (1) If a person who is entitled to receive weekly loss of earning capacity benefits as a result of an accident and who is engaged in an employment becomes unable for a temporary period, as a result of the accident, to engage in employment in which the person could earn the gross annual income that was used to determine the person’s residual earning capacity for the purpose of determining the amount of the person’s weekly loss of earning capacity benefit, the insurer shall, during that period, pay the person a weekly supplement to the loss of earning capacity benefits.  O. Reg. 776/93, s. 32 (1). (2) Subsection (1) applies only if the person provides the insurer with a certificate from a health practitioner stating that the person has become unable for a temporary period, as a result of the accident, to engage in employment in which the person could earn the gross annual income that was used to determine the person’s residual earning capacity for the purpose of determining the amount of the person’s weekly loss of earning capacity benefit.  O. Reg. 776/93, s. 32 (2). (3) Subsection (2) does not prevent the insurer from disputing a claim for a weekly supplement in accordance with subsection 280 (2) of the Act, but the insurer shall pay the weekly supplement pending resolution of the dispute. O. Reg. 46/16, s. 6. (4) Subject to subsections (5) and (6), the amount of the weekly supplement shall be equal to the lesser of the following amounts: 1.  90 per cent of the person’s residual earning capacity that was used for the purpose of determining the amount of the person’s weekly loss of earning capacity benefit before the temporary period. 2.  90 per cent of the net weekly income determined in accordance with section 81 or 82 from the type of employment in which the person is unable to engage during the temporary period.  O. Reg. 776/93, s. 32 (4). (5) The sum of the weekly loss of earning capacity benefits and the weekly supplement shall not exceed $1,000 after making any deductions permitted by section 75.  O. Reg. 776/93, s. 32 (5). (6) No supplement shall be paid under this section for a period of more than one year or after the person attains sixty-five years of age.  O. Reg. 776/93, s. 32 (6). (7) Subsection (1) applies whether or not the person is engaged in the type of employment that satisfies the criteria set out in subsection 30 (2) at the time the determination occurs.  O. Reg. 776/93, s. 32 (7). Mandatory Review of Amount of Benefit

33. (1) The insurer shall review the amount of the weekly loss of earning capacity benefit, (a)  three years after loss of earning capacity benefits are first paid to a person; and (b)  eight years after loss of earning capacity benefits are first paid to the person.  O. Reg. 776/93, s. 33 (1). (2) Subsection (1) does not apply after the person attains sixty-five years of age.  O. Reg. 776/93, s. 33 (2). (3) The insurer may, for the purposes of the review, give notice that it requires the person to be examined under section 65.  O. Reg. 26/06, s. 9. (4) After the review, the insurer shall give the person a notice of determination with respect to the review.  O. Reg. 26/06, s. 9. (5) If the insurer required an examination under section 65, the insurer shall give the notice of determination required under subsection (4) within 14 days after receiving the report of the examination.  O. Reg. 26/06, s. 9. (6) The notice of determination shall state, (a)  that the insurer shall continue to pay a weekly loss of earning capacity benefit in the same amount as the person’s current benefit, if the insurer determines there has been no material change in the ability of the person to earn the amount that is being used for the purpose of determining the person’s residual earning capacity; or (b)  that the insurer will pay the person a weekly loss of earning capacity benefit, as determined in accordance with section 28, based on the insurer’s determination of the person’s current residual earning capacity, as determined in accordance with section 30, if clause (a) does not apply.  O. Reg. 26/06, s. 9. (7) A notice of determination described in clause (6) (b) shall include, (a)  the type of employment that the insurer has determined will best satisfy the criteria set out in subsection 30 (2); (b)  the person’s residual earning capacity, as determined by the insurer in accordance with section 30; (c)  the reasons for the insurer’s determinations described in clauses (a) and (b); and (d)  the amount of weekly loss of earning capacity benefit, if any, payable to the person, as determined by the insurer in accordance with section 28.  O. Reg. 26/06, s. 9. (8) Sections 28 to 30 apply, with necessary modifications, for the purposes of adjusting the amount of the weekly loss of earning capacity benefits payable to a person.  O. Reg. 26/06, s. 9. (9) An insurer shall not reduce the amount of the weekly loss of earning capacity benefits payable to a person unless, (a)  the insurer required the person to attend an examination under section 65 and has received the report of the examination; or (b)  the insurer is entitled to withhold payment of the benefits under subsection 65 (5.1).  O. Reg. 26/06, s. 9. (10) Sections 21 to 27 and subsections (1) to (5), as they read on February 28, 2006, continue to apply in respect of a review by an insurer of the amount of weekly loss of earnings capacity benefits if, before March 1, 2006, the insurer made an offer under subsection (3), as it read before March 1, 2006, in respect of the amount of the benefits.  O. Reg. 26/06, s. 9. (11) Despite subsection (10), if an assessment of a person by a designated assessment centre cannot be conducted or completed on or after March 1, 2006 for the purposes of a review under this section because there is no designated assessment centre that satisfies the requirements of this Part, the insurer may give the person a notice in writing requiring the person to be examined under section 65 in respect of the review, instead of being assessed by a designated assessment centre, and the provisions of this Regulation, as they read after February 28, 2006, apply in respect of the review after the notice is given.  O. Reg. 26/06, s. 9. Deterioration in Impairment