PART V COMPENSATION AND RIGHT OF ACTION — Calculation of earnings
89
(1) Average weekly earnings shall be calculated on the basis of
89(a)
the amount earned in the period of 12 months immediately preceding the beginning of the loss of earnings as a result of the injury; or
89(b)
the rate of daily, weekly, monthly or other regular remuneration that the worker was receiving at the beginning of the loss of earnings as a result of the injury, wh ichever, in the opinion of the commission, seems more equitable.
89(2)
In calculating average weekly earnings, they shall be considered not to exceed 1/52 of the maximum compensable assessable earnings in effect at the beginning of the loss of earnings resulting from the injury, or at the beginning of the recurrence of the loss.
89(3)
Where the employer was accustomed to paying to the worker an amount of money to cover special expenses imposed on the worker by the nature of the worker's employment, that amount shall not be included as part of the worker's earnings.
89(4)
Where, owing to the shortness of time during which the worker was employed or due to the casual nature of the employment, it is inequitable to calculate the rate of remuneration as of the date of the injury, the rate of remuneration may be calculated based on the average weekly or monthly amount earned during the 12 months by a person employed at the same work by the same employer or where there is no person so employed then by a person in the same class of employment and in the same region.
89(5)
Where a worker who is injured is at the time of injury under concurrent contracts of service with 2 or more employers, the worker's average earnings shall be determined as though the worker's earnings from those employers were earnings from the employer for whom the worker was working at the time of the injury and, notwithstanding paragraph 2(1)(bb), the worker's net earnings means the worker's average earnings as determined under this section less the total of the amounts described in subparagraphs 2(1)(bb)( i ), (ii) and (iii).
89(6)
Where the commission determines that it is more equitable, the commission may pay compensation based on the earnings of the worker at the time of the injury.
89(7)
Notwithstanding subsection (1), w here a worker has received compensation for 13 consecutive weeks, the commission may review the average annual earnings of the worker preceding the worker's loss of earnings and adjust the amount of compensation paid to the worker so that the compensation is more equitably based on the worker's average annual earnings.
Not legal advice. Verify the cited article against the signed agreement.