Acts and Regulations

W-13 - Workers’ Compensation Act

Section 37
Disposition versions

Full text
Determination of scale of compensation
37For the purposes of sections 38 and 48, average earnings and earning capacity shall be calculated on the daily, weekly, monthly, or regular remuneration that the worker was receiving at the time of the injury or receiving previously, as may appear to the Commission best to represent the actual loss of earnings suffered by the worker by reason of the injury unless, notwithstanding the Age of Majority Act, the worker is at the date of the accident under twenty-one years of age, and it is established to the satisfaction of the Commission that under normal conditions the wages will probably increase, in which case this fact shall be considered in arriving at his average earnings or earning capacity, which is not in any case to exceed the New Brunswick Industrial Aggregate Earnings per year.
1961-62, c.72, s.10; 1965, c.48, s.3; 1968, c.91, s.3; 1971, c.77, s.1; 1973, c.65, s.3; 1974, c.49 (Supp.), s.1; 1975, c.92, s.3; 1978, c.61, s.3; 1980, c.56, s.6; 1981, c.80, s.3, 13; 1989, c.65, s.8; 1994, c.70, s.12
Determination of scale of compensation
37For the purposes of sections 38 and 48, average earnings and earning capacity shall be calculated on the daily, weekly, monthly, or regular remuneration that the worker was receiving at the time of the injury or receiving previously, as may appear to the Commission best to represent the actual loss of earnings suffered by the worker by reason of the injury unless, notwithstanding the Age of Majority Act, the worker is at the date of the accident under twenty-one years of age, and it is established to the satisfaction of the Commission that under normal conditions the wages will probably increase, in which case this fact shall be considered in arriving at his average earnings or earning capacity, which is not in any case to exceed the New Brunswick Industrial Aggregate Earnings per year.
1961-62, c.72, s.10; 1965, c.48, s.3; 1968, c.91, s.3; 1971, c.77, s.1; 1973, c.65, s.3; 1974, c.49(Supp.), s.1; 1975, c.92, s.3; 1978, c.61, s.3; 1980, c.56, s.6; 1981, c.80, s.3, 13; 1989, c.65, s.8; 1994, c.70, s.12