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Workers' Compensation Board
(WCB) Benefits
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Employees eligible for STIIP and
accepted by WCB for a work-related injury while on the employer’s
business are entitled to continued salary and benefits according to the
applicable policies and master agreement language.
Eligible employees on a claim
recognized by WCB, are entitled to 130 days for any one claim.
The following conditions apply:
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the 130 days must be administered
as 26 calendar weeks, as specified by the employer,
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the WCB claim must be for an
injury which occurred while performing the employee’s duties for this
employer, and
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the 26 weeks of applicable
WCB/STIIP benefits is the maximum for that particular claim, i.e., all
absences under the same claim number are deducted from the maximum
26-week period.
Please note the following
guidelines:
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The 130 days must be calculated as
26 calendar weeks. The 26-week maximum entitlement is calculated on a
calendar basis. If the absence starts on a Wednesday, the first week
ends on a Tuesday. You would count 30 more Tuesdays to determine the end
of the 26 weeks.
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While accepted under a WCB/STIIP
claim, the employee is considered to be in receipt of WCB/STIIP
benefits. The STIIP rules regarding recurring disabilities as outlined
in section 5.2(b) of this manual apply (Article 1.3 of Part 1, Appendix
4 to the BCGEU Master Agreement).
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WCB pays 90% of net
earnings. Entitlement to any employer top-up during the 26-week
maximum entitlement for any one claim is as per BC government policy
directives and master agreement language.
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During any period the employer
continues to pay the employee, WCB must be advised by the ministry to
remit all wage loss benefits to the employer (Ministry of Finance).
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The employer will ensure that
employees on a valid WCB/STIIP absence receive at minimum, the wage
benefit as calculated by the WCB, less applicable deductions.
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The Ministry must verify that the
wage loss benefit calculated by the WCB is accurate.
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As per Canada Customs and Revenue
Agency regulations, the WCB wage loss amount is non-taxable; however,
any employer top-up is taxable.
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A regular status employee accepted
for WCB benefits must be treated the same as an employee on STIIP
regarding LTD eligibility. For example, if the employee is covered by
the LTD Plan, the procedures outlined in section 10 must be followed to
advise Disability Management Programs of the absence at four months.
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The applicable employer top-up for
the 26-week maximum entitlement for any one claim does not apply if the
WCB claim is for an injury that occurred with another employer. See WCB
Claim - Injured While Working for Different Employer.
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While an employee is in receipt of
WCB/STIIP benefits there is no provision for additional compensation or
for rescheduling of statutory holidays, lieu days, ETO days, or
similarly paid scheduled time.
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Displaced vacation will be treated
as provided for in applicable articles of master agreements or terms and
conditions of employment.
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Any CTO scheduled prior to the
date of injury, and which falls within the period of approved leave, may
be rescheduled if operational requirements permit, or will be
compensated by monetary payment in accordance with applicable master and
component agreements.
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The pay office must advise the WCB
to pay the employee directly when the employee’s last day of pay is
determined; i.e., end of the maximum 26-week period or combination of
remainder of any entitlement and maximum seven-month WCB/STIIP period.
The WCB will need to be advised well in advance to avoid any overpayment
to government.
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Should the ministry receive any
WCB correspondence regarding a non-active employee, the ministry should
determine if the employee may be in receipt of LTD Plan benefits. If the
employee is or was in receipt of LTD Plan benefits, the correspondence
should be forwarded to the Disability Management Programs office of the Agency.
The WCB correspondence could be regarding reopening a WCB claim,
increasing wage loss or pension benefits, payment of rehabilitation
allowances, approving a disability pension, or retroactive payments
resulting from an appeal. All circumstances may affect WCB integration
with LTD Plan benefits.
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Eligible employees on a WCB claim, where the date of
injury is prior to August 1, 1996, are entitled to a maximum of 26 weeks
at 100% base pay for that one claim. Adds to pay are allowed only as
outlined in Allowances and Adds-to-Pay. However, if the wage loss benefit as calculated
by WCB is higher than 100% base pay, the employee will receive the WCB
amount less applicable deductions. The ministry must ensure that the
wage loss benefit calculated by WCB is correct.
All absences under the same claim number are deducted
from the 26-week maximum entitlement to 100% pay.
If a WCB claim with an injury date prior to August 1,
1996 is re-opened at a later date, the benefit entitlement is that in
effect prior to August 1, 1996. The entitlement would be the remainder,
if any, of the maximum 26 weeks at 100% pay. The first two digits of the
WCB claim number indicate the year of the initial date of injury.
For example, an employee is injured on July 1,
1995, and is accepted under WCB claim number XC954092. The employee
continues on WCB wage loss benefits until December 20, 1995 and then
returns to work. The employee is off work again from September 20,
1996 for the same disability and WCB re-opens claim number XC954092.
The payment of wage loss benefits from September 20, 1996, is in
accordance with policies and contract language effective in the Tenth
BCGEU Master Agreement, not the Eleventh Master Agreement. That is,
the policies applicable to a WCB claim prior to August 1, 1996 are in
effect.
The general rules for administration of the 26-week
maximum entitlement and recurring disabilities as outlined in the general
section.
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New language was negotiated between the employer and
BCGEU for Appendix 4, Part 1, 1.1(d) of the Eleventh Master Agreement.
This new language now applies to all eligible BC Public Service
employees.
The new language applies to claims accepted by WCB
for a work-related injury while on the employer’s business, with an
injury date on or after August 1, 1996.
The major change to WCB/STIIP language is that
the employer no longer pays the top-up to 100% of base pay. The WCB
pays injured workers 75% of average gross earnings. Prior to
negotiation of the Eleventh BCGEU Master Agreement, the employer
topped up this amount to 100% of base pay. The new language states
that the employer will remit to employees the amount that the WCB
has calculated they should receive, less deductions; the 25% top-up
will not be paid. However, if the WCB amount is less than the net
take-home pay the employee would have received if he/she had
continued to work, the employer will top up the WCB amount to
achieve the same net take-home pay.
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The entitlement of an employee to WCB top-up
benefits in lieu of STIIP means that certain situations can occur
that require special attention. The following details some of the
special situations that can occur.
The WCB may not recognize an employee's claim
for compensation. In this case, a regular employee who is:
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absent due to illness or injury, and
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WCB does not accept the claim,
is entitled to STIIP benefits as determined in
Eligibility for Coverage. That is, the absence is at the STIIP benefit, not the
WCB entitlement.
The WCB accepts an employee's claim for
compensation but terminates benefits before the employee is
medically fit to return to work. In this case, an employee who is:
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eligible for basic STIIP,
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absent due to a work related injury and WCB
terminates wage-loss benefits, and
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unable to return to work because of being
medically unfit,
is entitled to STIIP benefits as determined in
STIIP Adminstrator's Instructions.
The employee must provide medical documentation
of inability to return to work (ST02). The start date of the
maximum seven-month WCB/STIIP period is from the first date of
illness or injury following the last date the employee actively
worked 15 consecutively scheduled work days. This maximum
seven-month period includes any time during which WCB benefits were paid. STIIP benefits can be paid for the
balance of the six months only. See Benefits,
Recurring Disabilities.
Example:
- Employee absent from March 21 - WCB accepted claim.
- WCB terminates wage loss benefits September 3.
- Employee provides ST02 stating unfit for return to work.
- The maximum six-month (seven-month for Judges/JJP/Masters) WCB/STIIP
period is from March 21 – September 20/March 21 – October 20.
- STIIP benefits at 75% pay are payable from September 4 to
September20/October 20, if supported by continued medical documentation.
- Long Term Disability (LTD) benefits may apply from September
21/October 21.
WCB initially rejects the claim but accepts the
claim for wage-loss benefits at a later date. In this case, a
regular employee who is:
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eligible for basic STIIP,
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absent due to a work related illness or injury,
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in receipt of STIIP benefits because WCB
initially rejected the claim, and
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subsequently approved for WCB benefits,
is now entitled to WCB/STIIP benefits.
The employee must receive any difference in
compensation between that paid under STIIP and that which should
have been paid on the WCB claim.
WCB recognizes an employee's claim for
compensation but the illness or injury is such that the employee
is able to return to work for a period of 15 or more consecutive
days and the subsequent absence is continued under the same WCB
claim.
In this case, an employee who:
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is eligible for basic STIIP,
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is absent due to a work related illness or
injury accepted by WCB, and
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returns to work and is off again under the same
WCB claim,
is entitled to a maximum of 26 weeks WCB with
employer top-up if applicable. STIIP benefits may be payable for
the balance of any new benefit period which would start from the
date following a return to work for 15 or more consecutively
scheduled work days, up to a maximum of six months.
Note:
All absences under the same claim number are
deducted from the 26-week entitlement.
To start a new benefit period the return to
work must be before the end of the maximum WCB/STIIP period,
(i.e., before the date Long Term Disability benefits would
apply).
Refer Recurring
Disabilities. Contact Disability Management Programs to verify if a
new benefit period applies.
Example 1:
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Employee is absent on a new WCB claim for 20
weeks and returns to physically work 15 or more consecutive days.
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Employee is absent again and WCB accepts under
the same WCB claim number.
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Employee would be eligible for the first 11
weeks at applicable WCB/STIIP benefit (balance of 26 weeks) and
the balance of the six months at 75% STIIP, or WCB calculated
wage loss benefit, whichever is greater. WCB would continue to pay
the employer to the end of the seven-month period.
Example 2:
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Employee absent on a WCB claim for 20 weeks and
returns to work 15 or more consecutive days, absent again for 11
weeks under the same WCB claim, then returns to work for in excess
of 15 consecutive days.
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Employee is absent again and WCB reopens under
the same WCB claim number.
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Employee is not eligible for WCB top-up.
The full 26-week entitlement for that one claim has been used.
STIIP benefits would apply and WCB would pay government.
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75% STIIP or WCB calculated wage loss benefit,
whichever is greater, to a maximum seven-month period applies.
Example 3:
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Employee is absent 10 weeks on a WCB claim and
returns to work for 15 or more consecutive days.
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Employee is absent 12 additional weeks on the
same WCB claim and returns to work 15 consecutive days.
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Employee is absent again on the same WCB claim.
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WCB/STIIP benefit, with employee top-up if
applicable, would apply for 9 weeks (26 minus previously used
weeks) and 75% STIIP or WCB calculated wage loss benefit,
whichever is greater, for the balance of the 6 months.
The WCB recognizes an employee's claim for
compensation but the illness or injury is such that the employee
is able to return to work for a period of less than 15
consecutive days and the subsequent absence is continued under the
same WCB claim. In this case, the maximum 26-week period is still
running. This is the same rule that applies for STIIP recurring
disabilities.
Example:
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Employee commences a new WCB claim January 8.
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Employee returns to work March 20 - 30 (less
than 15 days).
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Employee off again March 31 under the same WCB
accepted claim.
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The maximum 26-week entitlement is continuous
from January 8.
The WCB claim is for an injury which occurred
while employee working for different employer. The injury may have
occurred during an employee's time off or it may have occurred
prior to employment with the Province. In these cases an employee
who is:
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eligible for basic STIIP, and
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absent due to a WCB claim for an injury which
occurred while working for another employer, during time off, or
prior to employment with the Province
is entitled to STIIP benefits as determined in
STIIP Administrator's Instructions. This employee is not eligible for employer top-up
because the claim is not a result of an injury while on the
employer's (government) business. The absence would be treated as
STIIP and the employee would be entitled to 75% base pay or the
WCB calculated wage loss amount, whichever is greater. The WCB
would submit payment to the Minister of Finance during the period the employee remains on pay.
Note: Payroll
enters absence as WCB so that correct deductions per Canada
Customs and Revenue Agency are made.
Example 1:
Example 2:
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General administration questions regarding
STIIP/WCB/LTD should be addressed to Disability Management Programs.
Policy interpretation questions can be referred
to the Safety, Workers’ Compensation and Benefits section of the
BC Public Service Agency, Program Coordinator:
387-2912.
Instructions for recording WCB absences in CHIPS
are available in the CHIPS on line procedures.
http://www.qp.gov.bc.ca/PSERC/CHIPS/MANUAL/INDEX2.htm
and the Payroll Administration Manual
http://icw.eview.gov.bc.ca/pam/
For assistance in processing transactions contact the Contact
Centre - Pay & HR Systems.
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