USCC Workers Comp 2023 - 95

Chart X-Rehabilitation of Disabled Workers, cont.
Jurisdiction
Manitoba
New
Brunswick
Newfoundland
and
Labrador
Northwest
Territories
and Nunavut
Nova Scotia
Ontario
Injury fund
Workers' Protection Fund
Accident Fund
Schedule 1-Insurance Fund
Schedule 2-individual liability
Discretion of WorkplaceNL
Discretion of commission
Discretion of board
Discretion of board
Source of Fund
Accident Fund
Accident Fund
Maintenance Allowance
Discretion of board
Discretion of WorkSafeNB
Special Provisions
Workers Compensation Board may make necessary expenditures to aid
rehabilitation. The spouse or common-law partner of a deceased worker
may be entitled to rehabilitation under certain circumstances.
WorkSafeNB operates physical rehabilitation center and may make
necessary expenditures to aid rehabilitation.
WorkplaceNL may make expenditures as necessary or expedient to aid a
worker's rehabilitation and labor market reentry.
Commission may make necessary expenditures to aid rehabilitation.
Board may make necessary expenditures to aid rehabilitation.
The Workplace Safety & Insurance Board pays expenses that it considers
appropriate to enable the worker to engage in return-to-work (RTW)
assessments and RTW plans. RTW plans (with training) will not generally
exceed three years in duration. Surviving spouses are entitled to same level
of RTW services as injured workers.
Prince
Edward
Island
Québec
Accident Fund
Accident Fund benefits
Discretion of board
Provided the worker qualifies for
rehabilitation, the Board would implement
a personal rehabilitation program tailored
to the worker's needs, which could include
physical, social, and vocational rehabilitation
services (e.g., home care provided by a
nurse, professional psycho-social services,
reimbursement of child care, vocational
training program, etc.).
Saskatchewan
Yukon
Territory
Injury
Fund
Discretion of board
Board may make necessary expenditures to aid rehabilitation.
Board may make necessary expenditures to offer rehabilitation services
to facilitate return to work and may provide vocational rehabilitation to a
dependent spouse in case of death only.
Board provides on-the-job training, academic training, employer assistance,
and physical and occupational therapy. Vocational training available for
spouse; educational allowance for dependent children of fatally injured
workers.
Compensation Fund
Discretion of board
Board may make necessary expenditures to aid rehabilitation.
Notes
Alaska- If indemnity benefits are exhausted during
reemployment process, weekly compensation at 70%
of spendable weekly wage up to $1,136 per week (105%
of the Alaska Average Annual Wage) until process is
completed.
2.
1.
Alaska-Higher amount applies to injuries after
7/1/00; benefits may be terminated for noncooperation.
3.
California-For injuries occurring on or after 1/1/16.
Indiana-State rehabilitation services board
administers vocational rehabilitation programs.
Compensation suspended for refusal of suitable
employment by partially disabled claimant.
5.
4.
rejected by the employer. If the plan proves successful,
the fund may assess employer up to 180% of plan
implementation costs.
7.
Massachusetts-If insurer refuses payment,
rehabilitation may be paid by trust fund. If rehabilitation
is successful, insurer assessed no less than twice cost
of rehabilitation.
8.
Minnesota-Surviving spouse may also request
rehabilitation.
9.
Maine-Board may levy assessment on each insurer
based on paid losses for previous year when amount in
fund is insufficient. Fund also receives sum equal to 100
times the state AWW when work-related injury caused
employee death and there are no dependents.
6.
Maine-Office of Rehabilitation may implement
and pay for, out of rehabilitation fund, a plan previously
Minnesota-Expenses of rehabilitation are borne by
employer or insurer. Vocational rehabilitation is provided
in most rehabilitation plans. Physical rehabilitation is a
medical expense.
10.
bordering Nevada if the injured employee proves that
such services are more cost-efficient. Such employees
may be eligible for lump sum up to $20,000. If out-of-state
employee, may relocate to within 50 miles of Nevada
border at his or her own expense and receive services
available at that location. Injured employees who are
incarcerated and their dependents are not entitled
to vocational rehabilitation benefits during period of
incarceration. At insurer's discretion, employee with
permanent limitation may be offered lump sum in lieu of
vocational rehabilitation services; acceptance of lump
sum extinguishes right to receive services.
11.
Nevada-Vocational rehabilitation services must
not be provided outside of Nevada except in limited
circumstances where employee lives within 50 miles
of border or was an out-of-state resident temporarily
employed in Nevada at time of injury. Injured employee
may receive vocational rehabilitation in any state
Ohio-If claimant returns to lesser-paying job while
in rehabilitation, wage loss compensation of difference
between wage at time of injury and wage at job while in
rehabilitation program can be paid.
12.
West Virginia-Work conditions and work hardening
programs are subject to fee schedule.
2023 Analysis of Workers' Compensation Laws | 95
USCC Workers Comp 2023

Table of Contents for the Digital Edition of USCC Workers Comp 2023
