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2006 Legislative Session: 2nd Session, 38th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. GUY GENTNER

BILL M 210 – 2006

WORKERS COMPENSATION AMENDMENT ACT, 2006

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Section 23 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended by repealing subsection (1), and substituting the following:

(1) Subject to sections 34 and 35, where a permanent partial disability results from the injury, the impairment of earning capacity must be estimated from the nature and degree of the injury, and the compensation must be a periodic payment to the injured worker of a sum equal to 90% of the estimated loss of average net earnings resulting from the impairment, and must be payable during the lifetime of the worker or in another manner the board determines.

Section 23 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended by repealing subsection (3), and substituting the following:

(3) Where the board considers it more equitable, it may award compensation for permanent disability having regard to the difference between average weekly earnings of the worker before the injury and the average amount which the worker is earning or is able to earn in some suitable occupation after the injury, and the compensation must be a periodic payment of 90% of the difference, and regard must be had to the worker's fitness to continue in the occupation in which the worker was injured or to adapt to some other suitable employment or business.

Explanatory Note

This Act amends the Workers Compensation Act to change the way permanent disabilities are compensated.

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