Legislation
Section 42.6
What section applies to Early and Safe RTW?
The process of working together.
What is cooperation?
Inform Advise & Communicate responsibilities
What is the purpose of Policy 21-413
appropriate work that a worker who suffered an injury by accident is capable of doing, considering the worker’s functional abilities and employment qualifications and that does not endanger the health, safety or well-being of the worker
What is the definition of suitable work?
Workers who are hired one year or more before the date of injury are considered to be continuously employed
What is section 42.4(2)
Section 82.1
What are the Administrative penalties that can be imposed when an employer has not complied with their obligations under section 42.4?
Section 42.6(1)d
What section states an employer must cooperate in ESRTW?
21-400 Section 8
What section of Policy 21-400 speaks to an injured worker participation in rehabilitation?
Provides criteria for determining suitable work and suitable occupation.
What is the purpose of policy 21-417 suitable work and suitable occupation?
Lay offs with a mutual agreement that the worker will return to work for the employer
What is a type of work cessation that does not impact the employment relationship.
Section 42.5
Speaks to Enforcement of Obligations under section 42.4
Section 42.6(2)d
What section states a worker must cooperate in ESRTW?
Injured workers must actively engage, participate and cooperate in medical treatment and safe return to work activities.
What are the expectations for injured wworkers regarding their participation in Rehabilitation based on policy 21-400?
an occupation which is consistent with the worker’s physical and cognitive ability, employment qualifications, reasonably exists in the labour market, and may reflect any sponsored training done as part of the worker’s rehabilitation.
What is the suitable occupation.
Employer size; Financial costs; Health and safety concerns; Disruption of operations; and Impact on other protected rights.
What are examples of factors to be evaluated in determining undue hardship.
Section 42.6(3)
What section allows the Commission to diminish or suspend compensation under section 41.2?
Employer refusing to provide requested information.
Section 42.6(1) e is an example of non cooperation from an employer?
Policy 21-114 Section 8
What section of policy 21-114 speaks to Strikes and lockouts?
abilities or limitations in relation to the compensable injury, and employment qualifications as accepted by WorkSafeNB.
What is the criteria to determine suitable work. on
The onus of proof is the responsibility of the employer
Who is responsible to provide evidence of undue hardship?
Section 42.6(1)
What section applies to the employers responsibilities?
suitable work (42.4)
What can a worker not cooperate in according to Section 42.7(2) b
Speaks to re-employment obligations under the WC being stronger than a binding collective agreement
What is section 6 Policy 21-114
An injured worker does not cooperate in their own early and safe return to work by not accepting suitable work outcome
What is Policy 21-214 Determining Continued Eligibility for Loss of Earnings Benefits
42.5(1)
What section allows the Commission, on behalf of the worker or employer to determine whether an employer has fulfilled the employer’s obligations to a worker under section 42.4