PART V COMPENSATION AND RIGHT OF ACTION — Lost earning capacity
83
(1) Where injury to a worker results in loss of earnings beyond the day of the injury, the commission shall estimate the effect of the injury on the loss of earning capacity resulting from the injury and shall provide compensation to the worker on the basis of the estimated loss.
83(2)
For periods of earnings loss after March 31, 2018, the rate used for calculating a worker's loss of earning capacity shall be 85% of the difference between the worker's average weekly net earnings at the commencement of the worker's loss of earnings resulting from the injury, subject to the maximum compensable assessable earnings, and the average weekly net earnings the worker is estimated to be capable of earning at suitable employment after sustaining that injury.
83(3)
The commission for the purpose of subsection (2) may determine that a worker is capable of working in suitable employment and estimate the earnings the worker could earn in that employment.
83(4)
Where a worker reaches the age of 65 years, the compensation payable under this section shall stop.
83(5)
Notwithstanding subsection (4) where a worker is 63 years of age or older at the beginning of the worker's loss of earnings resulting from the injury, the commission may provide the compensation under subsection (1) for a period of not more than 2 years following the date of the injury.
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