22. (1) An insured person who receives the insurer’s offer under section 21 may give the insurer a written response, (a)  agreeing to the insurer’s offer; or (b)  rejecting the insurer’s offer in respect of the person’s pre-accident earning capacity or the person’s residual earning capacity, or both.  O. Reg. 776/93, s. 22 (1). (2) The rejection of an offer under clause (1) (b) does not prevent the insurer and insured person from entering into negotiations in an effort to enter into an agreement regarding the payment of loss of earning capacity benefits.  O. Reg. 776/93, s. 22 (2). (3) Any agreement to pay weekly loss of earning capacity benefits under this Part shall be in writing and shall specify the particulars set out in subsection 21 (5).  O. Reg. 776/93, s. 22 (3). (4) If the insured person and insurer enter into an agreement under this Part and the payment of loss of earning capacity benefits is authorized under the agreement, the insurer shall begin to pay weekly loss of earning capacity benefits in accordance with the agreement.  O. Reg. 776/93, s. 22 (4). Procedure if no Agreement

23. (1) An insured person who does not accept the insurer’s offer within forty-five days after receiving it shall be deemed to have rejected the insurer’s offer in respect of both residual earning capacity and pre-accident earning capacity.  O. Reg. 776/93, s. 23 (1). (2) If an insured person rejects the insurer’s offer in respect of residual earning capacity, the insurer shall give notice that it requires the insured person to be examined under section 65.  O. Reg. 26/06, s. 4 (1). (2.1) Within 14 days after receiving the report of the examination under section 65, the insurer shall give to the insured person a document setting out its determination with respect to the payment of loss of earning capacity benefits and the information specified in clauses 21 (5) (a) to (d).  O. Reg. 26/06, s. 4 (1). (3) If an insured person rejects the insurer’s offer in respect of pre-accident earning capacity, the dispute may be resolved in accordance with the Act, based on section 29 of this Regulation.  O. Reg. 776/93, s. 23 (3); O. Reg. 46/16, s. 5 (1). (4) Revoked:  O. Reg. 26/06, s. 4 (2). (5) Subject to subsection (8), if an insured person rejects the insurer’s offer in respect of residual earning capacity or both residual earning capacity and pre-accident earning capacity, the insurer may commence paying weekly loss of earning capacity benefits to the insured person 14 days after receiving the report of the examination conducted under section 65.  O. Reg. 781/94, s. 6 (1); O. Reg. 26/06, s. 4 (3). (5.1) Revoked:  O. Reg. 26/06, s. 4 (4). (5.2) Subject to subsection (8), if an insured person rejects the insurer’s offer in respect of pre-accident earning capacity but not residual earning capacity, the insurer may, upon receiving the rejection, commence paying weekly loss of earning capacity benefits to the insured person based on the insurer’s offer made under section 21.  O. Reg. 781/94, s. 6 (1). (6) Revoked:  O. Reg. 26/06, s. 4 (4). (7) By agreement between the insurer and the insured person, (a)  the forty-five-day period referred to in subsection (1) may be extended; (b)  the examination referred to in subsection (2) may be delayed. (c), (d)  Revoked:  O. Reg. 781/94, s. 6 (3). O. Reg. 776/93, s. 23 (7); O. Reg. 781/94, s. 6 (3); O. Reg. 26/06, s. 4 (5). (8) Subject to subsection 65 (5.1), the insurer shall continue to pay benefits under Part IV or V pending the resolution of a dispute under this section, if the person continues to qualify for those benefits.  O. Reg. 26/06, s. 4 (6); O. Reg. 46/16, s. 5 (2). Agreement Before Offer

24. A person who has not received an offer under section 21 and who is entitled to receive weekly income replacement benefits under Part II, weekly education disability benefits under section 15, weekly caregiver benefits under Part IV or weekly disability benefits under Part V may agree in writing with the insurer that the insurer will pay the person weekly loss of earning capacity benefits instead of the weekly benefits the person would otherwise be entitled to.  O. Reg. 776/93, s. 24. Examination Before Offer

25. A person who has not received an offer under section 21 and who is entitled to receive weekly income replacement benefits under Part II, weekly education disability benefits under section 15, weekly caregiver benefits under Part IV or weekly disability benefits under Part V may agree in writing with the insurer that the person shall be examined under section 65.  O. Reg. 26/06, s. 5. Designated Assessment Centres (Residual Earning Capacity)

26. (1) The Superintendent may, for the purpose of this Part, (a)  Revoked:  O. Reg. 26/06, s. 6 (1). (b)  specify the types of impairments that each designated assessment centre is authorized to assess.  O. Reg. 776/93, s. 26 (1); O. Reg. 304/98, s. 1; O. Reg. 26/06, s. 6 (1). (2) The accident benefits advisory committee appointed under section 7 of the Insurance Act may, for the purpose of this Part, establish procedures, standards and guidelines that shall be used by designated assessment centres in conducting assessments.  O. Reg. 776/93, s. 26 (2). (3) In this Part, “designated assessment centre” means an assessment centre designated before March 1, 2006 by the Superintendent under clause (1) (a), as it read before March 1, 2006.  O. Reg. 26/06, s. 6 (2).

27. Revoked:  O. Reg. 26/06, s. 7. Transitional

27.1 (1) Sections 21 to 27, as they read on February 28, 2006, continue to apply in respect of loss of earning capacity benefits if, before March 1, 2006, an insurer has delivered a written offer with respect to the payment of weekly loss of earning capacity benefits to the insured person under subsection 21 (1), as it read on February 28, 2006, or if the insurer and the insured person have agreed in writing under section 25, as it read on February 28, 2006, that the insured person should be assessed under section 27.  O. Reg. 26/06, s. 8. (2) Despite subsection (1), if an assessment of an insured person by a designated assessment centre cannot be conducted or completed on or after March 1, 2006 because there is no designated assessment centre that satisfies the requirements of this Part, the insurer may give the insured person a notice in writing requiring the insured person to be examined under section 65 in respect of loss of earning capacity benefits, 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 loss of earning capacity benefits after the notice is given.  O. Reg. 26/06, s. 8. Amount of Benefit