Definitions
147.(1) In this section, “amount awarded for permanent partial disability” means the amount awarded for permanent partial disability under, (a) subsection 43 (1) of the pre-1985 Act, with respect to a pre-1985 injury, and (b) subsection 45 (1) of the pre-1989 Act, with respect to a pre-1989 injury; (“montant accordé au titre d’une invalidité partielle à caractère permanent”) “worker” means a worker who is permanently disabled as a result of a pre-1985 injury or a pre-1989 injury. (“travailleur”) Temporary supplement (2) Subject to subsections (9) and (10), the Board shall give a supplement to a worker who, in the opinion of the Board, is likely to benefit from a vocational rehabilitation program which could help to increase the worker’s earning capacity to such an extent that the sum of the worker’s earning capacity after vocational rehabilitation and the amount awarded for permanent partial disability approximates the worker’s average or net average earnings, as the case may be, before the worker’s injury. Idem (3) A supplement under subsection (2) is payable for the period during which the worker participates in a Board-approved vocational rehabilitation program. Permanent supplement (4) Subject to subsections (8), (9) and (10), the Board shall give a supplement to a worker, (a) who, in the opinion of the Board, is not likely to benefit from a vocational rehabilitation program in the manner described in subsection (2); or (b) whose earning capacity after a vocational rehabilitation program is not increased to the extent described in subsection (2) in the opinion of the Board. Duration of supplement (5) A supplement under subsection (4) for a worker described in clause (4) (a) becomes payable as of the later of, (a) the 26th day of July, 1989; or (b) the day the Board determines the worker has a permanent disability. Idem (6) A supplement under subsection (4) for a worker described in clause (4) (b) becomes payable as of the latest of, (a) the 26th day of July, 1989; (b) the day the Board determines the worker has a permanent disability; or (c) the day the worker ceases to participate in a vocational rehabilitation program. Idem (7) A supplement under subsection (4) shall continue until the worker becomes eligible for old age security benefits. Amount of supplement (8) The amount of a supplement under subsection (4) shall not exceed the amount of a full monthly pension for old age security under section 3 of the Old Age Security Act (Canada), including amendments thereto. R.S.O. 1990, c. W.11, s. 147 (1-8). Idem (9) The amount of a supplement under this section for a worker with a pre-1985 injury shall be calculated so that the sum of the supplement, the amount awarded for permanent partial disability, $200 and 75 per cent of the worker’s average earnings, if any, after the injury equals 75 per cent of the worker’s pre-injury average earnings. R.S.O. 1990, c. W.11, s. 147 (9); 1994, c. 24, s. 33 (1). Idem (10) The amount of a supplement under this section for a worker with a pre-1989 injury shall be calculated so that the sum of the supplement, the amount awarded for permanent partial disability, $200 and 90 per cent of the worker’s net average earnings, if any, after the injury equals 90 per cent of the worker’s pre-injury net average earnings. R.S.O. 1990, c. W.11, s. 147 (10); 1994, c. 24, s. 33 (2). C.P.P. and Q.P.P. payments (11) In calculating the amount of a supplement under this section, the Board shall have regard to the effect of inflation on the worker’s pre-injury earning rate and to any payments the worker receives under the Canada Pension Plan or the Quebec Pension Plan with respect to a disability arising from the injury. Form of payment (12) A supplement under this section shall be a monthly or other periodic payment. Recalculation (13) The Board shall review a supplement given under subsection (4) in the twenty-fourth month following the award and in the sixtieth month following the award and recalculate the amount of the supplement in accordance with subsections (9) and (10). R.S.O. 1990, c. W.11, s. 147 (11-13). Additional amount (14) The Board shall pay an additional $200 per month to a worker who is receiving an amount awarded for permanent partial disability or who received a lump sum commuted from such an amount if the worker is entitled to a supplement under subsection (4) or would be but for subsection (7). Same (15) Subsection (14) applies even if the amount of the supplement, as calculated under subsection (9) or (10), is zero. Reduction, pre-1985 injuries (16) The payment under subsection (14), for a worker with a pre-1985 injury, shall be reduced, if necessary, so that the sum of the following amounts does not exceed 75 per cent of the worker’s pre-injury average earnings: 1. The payment under subsection (14). 2. The amount awarded for permanent partial disability. 3. 75 per cent of the worker’s average earnings after the injury, if any. 4. Any pension for old age security that the worker is eligible for under section 3 of the Old Age Security Act (Canada). Reduction, pre-1989 injuries (17) The payment under subsection (14), for a worker with a pre-1989 injury, shall be reduced, if necessary, so that the sum of the following amounts does not exceed 90 per cent of the worker’s pre-injury net average earnings: 1. The payment under subsection (14). 2. The amount awarded for permanent partial disability. 3. 90 per cent of the worker’s net average earnings after the injury, if any. 4. Any pension for old age security that the worker is eligible for under section 3 of the Old Age Security Act (Canada). 1994, c. 24, s. 33 (3). PART IV