38.11(1)Where a worker is injured or suffers a recurrence of an injury on or after January 1, 1998, the compensation payable under this Part shall be awarded as set out in this section.

38.11(2)Where injury or recurrence of an injury to a worker referred to in subsection (1) results in a loss of earnings beyond the day of the injury, the Commission shall estimate the loss of earnings therefrom and shall pay compensation to the worker in an amount equal to eighty-five per cent of the estimated loss of earnings.

38.11(3.1)For the period commencing on July 1, 2019, and ending on June 30, 2020, the reference to “three working days” in subsection (3) shall be read as a reference to “two working days”.

38.11(3.2)For the period commencing on July 1, 2020, and ending on June 30, 2021, the reference to “three working days” in subsection (3) shall be read as a reference to “one working day”.

38.11(9)Despite subsection (2), when a worker has not received remuneration from the employer or any income replacement or supplement benefit from the employer or from an employment-related source in respect of an injury by accident or recurrence of an injury by accident and the worker commences to receive compensation under subsection (2), there shall be payable to the worker only that portion of compensation which, when combined with the amount of any remuneration received by the worker from the employer or any income replacement or supplement benefit received by the worker from the employer or from an employment-related source, does not exceed eighty-five per cent of the worker’s pre-accident net earnings calculated for the same period of time as that during which compensation is paid.

38.11(9.1)For the period commencing on July 1, 2019, and ending on June 30, 2020, the reference to “three working days” in subsection (9) shall be read as a reference to “two working days”.

38.11(9.2)For the period commencing on July 1, 2020, and ending on June 30, 2021, the reference to “three working days” in subsection (9) shall be read as a reference to “one working day”.

38.11(12)Compensation being paid for loss of earnings shall be reviewed each year as of the anniversary date of the injury or recurrence of the injury and shall be adjusted on the basis of

38.11(13)For the purposes of subsection (9), at the time a review is conducted under subsection (12), the worker’s pre-accident net earnings shall be adjusted by increasing the worker’s pre-accident earnings previously determined by the Commission by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings and subtracting any income tax and premiums under the Employment Insurance Act and contributions under the Canada Pension Plan that would be payable by the worker on those earnings as increased.

38.11(14)Compensation under this section is payable until the earliest of the following events:

38.11(15)Notwithstanding subsection (14), where a worker is sixty-three years of age or more at the commencement of the worker’s loss of earnings resulting from the injury or recurrence of an injury, the Commission shall provide compensation pursuant to this section for a period not exceeding two years following the commencement of the worker’s loss of earnings resulting from the injury or recurrence of the injury.

38.11(16)Where a worker ceases to receive compensation because the worker has attained age sixty-five, pursuant to subsection (14), or because two years have elapsed since the commencement of the worker’s loss of earnings pursuant to subsection (15), the Commission may provide necessary medical aid to the worker under section 41.

38.11(17)In recognition of loss of opportunity there shall be payable to a worker in a lump sum an award for a permanent physical impairment arising out of an injury, and the amount of the award, which shall be calculated in accordance with a rating schedule prescribed by regulation, shall not be less than five hundred dollars and not more than the maximum annual earnings.

38.11(18)A worker who was injured before the coming into force of section 38.11 and becomes eligible for compensation under this section as a result of the recurrence of an injury is not eligible to be paid the lump sum provided for in subsection (17).

38.11(19)The Commission may, in its discretion, pay to a worker an allowance in any amount that the Commission considers appropriate for the replacement or repair of clothing worn or damaged by reason of the worker wearing an artificial limb or appliance supplied by the Commission in respect of the injury.

38.11(1)Where a worker is injured or suffers a recurrence of an injury on or after January 1, 1998, the compensation payable under this Part shall be awarded as set out in this section.

38.11(2)Where injury or recurrence of an injury to a worker referred to in subsection (1) results in a loss of earnings beyond the day of the injury, the Commission shall estimate the loss of earnings therefrom and shall pay compensation to the worker in an amount equal to eighty-five per cent of the estimated loss of earnings.

38.11(3)Notwithstanding subsection (2), the Commission shall not pay compensation under subsection (2) until the worker who is injured or has suffered a recurrence of an injury has not received any remuneration from the employer or any income replacement or supplement benefit from the employer or from an employment-related source for a period of time after the injury or recurrence of the injury that is equivalent to three working days.

38.11(3.1)For the period commencing on July 1, 2019, and ending on June 30, 2020, the reference to “three working days” in subsection (3) shall be read as a reference to “two working days”.

38.11(3.2)For the period commencing on July 1, 2020, and ending on June 30, 2021, the reference to “three working days” in subsection (3) shall be read as a reference to “one working day”.

38.11(4)The Commission shall not pay compensation to a worker in respect of the period of time referred to in subsection (3) except as provided for in subsection (5), (6), (7), (8) or (8.1).

38.11(5)Where a worker who is injured is admitted to a hospital facility as an in-patient as a result of the injury, the Commission shall pay compensation in respect of the period of time referred to in subsection (3) unless compensation is paid under subsection (7).

38.11(6)Where a worker who suffers a recurrence of an injury is admitted to a hospital facility as an in-patient as a result of the recurrence of the injury, the Commission shall pay compensation in respect of the period of time referred to in subsection (3) unless compensation is paid under subsection (7).

38.11(7)Where a worker is disabled as a result of an injury or recurrence of an injury for more than twenty working days, the Commission shall pay compensation to the worker in respect of the period of time referred to in subsection (3) unless compensation is paid under subsection (5) or (6).

38.11(8)Where a worker has a recurrence of an injury within twenty days after the initial injury, and the worker did not receive compensation from the Commission in respect of the period of time referred to in subsection (3) with respect to the initial injury, the Commission shall pay compensation in respect of the period of time referred to in subsection (3) with respect to the recurrence of the injury.

38.11(8.1)Where a firefighter as defined in the Firefighters’ Compensation Act or a police officer as defined in the Police Act is injured, the Commission shall pay compensation in respect of the period of time referred to in subsection (3).

38.11(9)Notwithstanding subsection (2), where a worker has not received remuneration from the employer or any income replacement or supplement benefit from the employer or from an employment-related source in respect of the injury or recurrence of the injury for a period of time after the injury or recurrence of the injury that is equivalent to three working days and where the worker commences to receive compensation under subsection (2), there shall be payable to the worker only that portion of compensation which, when combined with the amount of any remuneration received by the worker from the employer or any income replacement or supplement benefit received by the worker from the employer or from an employment-related source, does not exceed eighty-five per cent of the worker’s pre-accident net earnings calculated for the same period of time as that during which compensation is paid.

38.11(9.1)For the period commencing on July 1, 2019, and ending on June 30, 2020, the reference to “three working days” in subsection (9) shall be read as a reference to “two working days”.

38.11(9.2)For the period commencing on July 1, 2020, and ending on June 30, 2021, the reference to “three working days” in subsection (9) shall be read as a reference to “one working day”.

38.11(10)Where a worker who is injured or suffers the recurrence of an injury returns to work under a Commission-sanctioned program but leaves the program as a result of the injury or recurrence of the injury in respect of which the worker was receiving compensation immediately before entering the program and where the worker commences to receive compensation immediately after leaving the program, subsections (3) and (4) do not apply for the purposes of determining the compensation payable to the worker immediately after leaving the program.

38.11(11)Subsection (9) applies to a worker referred to in subsection (10) for the purposes of calculating the portion of compensation payable to the worker immediately after leaving the Commission-sanctioned program.

38.11(12)Compensation being paid for loss of earnings shall be reviewed each year as of the anniversary date of the injury or recurrence of the injury and shall be adjusted on the basis of

38.11(13)For the purposes of subsection (9), at the time a review is conducted under subsection (12), the worker’s pre-accident net earnings shall be adjusted by increasing the worker’s pre-accident earnings previously determined by the Commission by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings and subtracting any income tax and premiums under the Employment Insurance Act and contributions under the Canada Pension Plan that would be payable by the worker on those earnings as increased.

38.11(14)Compensation under this section is payable until the earliest of the following events:

38.11(15)Notwithstanding subsection (14), where a worker is sixty-three years of age or more at the commencement of the worker’s loss of earnings resulting from the injury or recurrence of an injury, the Commission shall provide compensation pursuant to this section for a period not exceeding two years following the commencement of the worker’s loss of earnings resulting from the injury or recurrence of the injury.

38.11(16)Where a worker ceases to receive compensation because the worker has attained age sixty-five, pursuant to subsection (14), or because two years have elapsed since the commencement of the worker’s loss of earnings pursuant to subsection (15), the Commission may provide necessary medical aid to the worker under section 41.

38.11(17)In recognition of loss of opportunity there shall be payable to a worker in a lump sum an award for a permanent physical impairment arising out of an injury, and the amount of the award, which shall be calculated in accordance with a rating schedule prescribed by regulation, shall not be less than five hundred dollars and not more than the maximum annual earnings.

38.11(18)A worker who was injured before the coming into force of section 38.11 and becomes eligible for compensation under this section as a result of the recurrence of an injury is not eligible to be paid the lump sum provided for in subsection (17).

38.11(19)The Commission may, in its discretion, pay to a worker an allowance in any amount that the Commission considers appropriate for the replacement or repair of clothing worn or damaged by reason of the worker wearing an artificial limb or appliance supplied by the Commission in respect of the injury.

38.11(1)Where a worker is injured or suffers a recurrence of an injury on or after January 1, 1998, the compensation payable under this Part shall be awarded as set out in this section.

38.11(2)Where injury or recurrence of an injury to a worker referred to in subsection (1) results in a loss of earnings beyond the day of the injury, the Commission shall estimate the loss of earnings therefrom and shall pay compensation to the worker in an amount equal to eighty-five per cent of the estimated loss of earnings.

38.11(3)Notwithstanding subsection (2), the Commission shall not pay compensation under subsection (2) until the worker who is injured or has suffered a recurrence of an injury has not received any remuneration from the employer or any income replacement or supplement benefit from the employer or from an employment-related source for a period of time after the injury or recurrence of the injury that is equivalent to three working days.

38.11(3.1)For the period commencing on July 1, 2019, and ending on June 30, 2020, the reference to “three working days” in subsection (3) shall be read as a reference to “two working days”.

38.11(3.2)For the period commencing on July 1, 2020, and ending on June 30, 2021, the reference to “three working days” in subsection (3) shall be read as a reference to “one working day”.

38.11(4)The Commission shall not pay compensation to a worker in respect of the period of time referred to in subsection (3) except as provided for in subsection (5), (6), (7), (8) or (8.1).

38.11(5)Where a worker who is injured is admitted to a hospital facility as an in-patient as a result of the injury, the Commission shall pay compensation in respect of the period of time referred to in subsection (3) unless compensation is paid under subsection (7).

38.11(6)Where a worker who suffers a recurrence of an injury is admitted to a hospital facility as an in-patient as a result of the recurrence of the injury, the Commission shall pay compensation in respect of the period of time referred to in subsection (3) unless compensation is paid under subsection (7).

38.11(7)Where a worker is disabled as a result of an injury or recurrence of an injury for more than twenty working days, the Commission shall pay compensation to the worker in respect of the period of time referred to in subsection (3) unless compensation is paid under subsection (5) or (6).

38.11(8)Where a worker has a recurrence of an injury within twenty days after the initial injury, and the worker did not receive compensation from the Commission in respect of the period of time referred to in subsection (3) with respect to the initial injury, the Commission shall pay compensation in respect of the period of time referred to in subsection (3) with respect to the recurrence of the injury.

38.11(8.1)Where a firefighter as defined in the Firefighters’ Compensation Act or a police officer as defined in the Police Act is injured, the Commission shall pay compensation in respect of the period of time referred to in subsection (3).

38.11(9)Notwithstanding subsection (2), where a worker has not received remuneration from the employer or any income replacement or supplement benefit from the employer or from an employment-related source in respect of the injury or recurrence of the injury for a period of time after the injury or recurrence of the injury that is equivalent to three working days and where the worker commences to receive compensation under subsection (2), there shall be payable to the worker only that portion of compensation which, when combined with the amount of any remuneration received by the worker from the employer or any income replacement or supplement benefit received by the worker from the employer or from an employment-related source, does not exceed eighty-five per cent of the worker’s pre-accident net earnings calculated for the same period of time as that during which compensation is paid.

38.11(9.1)For the period commencing on July 1, 2019, and ending on June 30, 2020, the reference to “three working days” in subsection (9) shall be read as a reference to “two working days”.

38.11(9.2)For the period commencing on July 1, 2020, and ending on June 30, 2021, the reference to “three working days” in subsection (9) shall be read as a reference to “one working day”.

38.11(10)Where a worker who is injured or suffers the recurrence of an injury returns to work under a Commission-sanctioned program but leaves the program as a result of the injury or recurrence of the injury in respect of which the worker was receiving compensation immediately before entering the program and where the worker commences to receive compensation immediately after leaving the program, subsections (3) and (4) do not apply for the purposes of determining the compensation payable to the worker immediately after leaving the program.

38.11(11)Subsection (9) applies to a worker referred to in subsection (10) for the purposes of calculating the portion of compensation payable to the worker immediately after leaving the Commission-sanctioned program.

38.11(12)Compensation being paid for loss of earnings shall be reviewed each year as of the anniversary date of the injury or recurrence of the injury and shall be adjusted on the basis of

38.11(13)For the purposes of subsection (9), at the time a review is conducted under subsection (12), the worker’s pre-accident net earnings shall be adjusted by increasing the worker’s pre-accident earnings previously determined by the Commission by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings and subtracting any income tax and premiums under the Employment Insurance Act and contributions under the Canada Pension Plan that would be payable by the worker on those earnings as increased.

38.11(14)Compensation under this section is payable until the earliest of the following events:

38.11(15)Notwithstanding subsection (14), where a worker is sixty-three years of age or more at the commencement of the worker’s loss of earnings resulting from the injury or recurrence of an injury, the Commission shall provide compensation pursuant to this section for a period not exceeding two years following the commencement of the worker’s loss of earnings resulting from the injury or recurrence of the injury.

38.11(16)Where a worker ceases to receive compensation because the worker has attained age sixty-five, pursuant to subsection (14), or because two years have elapsed since the commencement of the worker’s loss of earnings pursuant to subsection (15), the Commission shall provide necessary medical aid to the worker under section 41.

38.11(17)In recognition of loss of opportunity there shall be payable to a worker in a lump sum an award for a permanent physical impairment arising out of an injury, and the amount of the award, which shall be calculated in accordance with a rating schedule prescribed by regulation, shall not be less than five hundred dollars and not more than the maximum annual earnings.

38.11(18)A worker who was injured before the coming into force of section 38.11 and becomes eligible for compensation under this section as a result of the recurrence of an injury is not eligible to be paid the lump sum provided for in subsection (17).

38.11(19)The Commission may, in its discretion, pay to a worker an allowance in any amount that the Commission considers appropriate for the replacement or repair of clothing worn or damaged by reason of the worker wearing an artificial limb or appliance supplied by the Commission in respect of the injury.

38.11(1)Where a worker is injured or suffers a recurrence of an injury on or after January 1, 1998, the compensation payable under this Part shall be awarded as set out in this section.

38.11(2)Where injury or recurrence of an injury to a worker referred to in subsection (1) results in a loss of earnings beyond the day of the injury, the Commission shall estimate the loss of earnings therefrom and shall pay compensation to the worker in an amount equal to eighty-five per cent of the estimated loss of earnings.

38.11(3)Notwithstanding subsection (2), the Commission shall not pay compensation under subsection (2) until the worker who is injured or has suffered a recurrence of an injury has not received any remuneration from the employer or any income replacement or supplement benefit from the employer or from an employment-related source for a period of time after the injury or recurrence of the injury that is equivalent to three working days.

38.11(4)The Commission shall not pay compensation to a worker in respect of the period of time referred to in subsection (3) except as provided for in subsection (5), (6), (7), (8) or (8.1).

38.11(5)Where a worker who is injured is admitted to a hospital facility as an in-patient as a result of the injury, the Commission shall pay compensation in respect of the period of time referred to in subsection (3) unless compensation is paid under subsection (7).

38.11(6)Where a worker who suffers a recurrence of an injury is admitted to a hospital facility as an in-patient as a result of the recurrence of the injury, the Commission shall pay compensation in respect of the period of time referred to in subsection (3) unless compensation is paid under subsection (7).

38.11(7)Where a worker is disabled as a result of an injury or recurrence of an injury for more than twenty working days, the Commission shall pay compensation to the worker in respect of the period of time referred to in subsection (3) unless compensation is paid under subsection (5) or (6).

38.11(8)Where a worker has a recurrence of an injury within twenty days after the initial injury, and the worker did not receive compensation from the Commission in respect of the period of time referred to in subsection (3) with respect to the initial injury, the Commission shall pay compensation in respect of the period of time referred to in subsection (3) with respect to the recurrence of the injury.

38.11(8.1)Where a firefighter as defined in the Firefighters’ Compensation Act or a police officer as defined in the Police Act is injured, the Commission shall pay compensation in respect of the period of time referred to in subsection (3).

38.11(9)Notwithstanding subsection (2), where a worker has not received remuneration from the employer or any income replacement or supplement benefit from the employer or from an employment-related source in respect of the injury or recurrence of the injury for a period of time after the injury or recurrence of the injury that is equivalent to three working days and where the worker commences to receive compensation under subsection (2), there shall be payable to the worker only that portion of compensation which, when combined with the amount of any remuneration received by the worker from the employer or any income replacement or supplement benefit received by the worker from the employer or from an employment-related source, does not exceed eighty-five per cent of the worker’s pre-accident net earnings calculated for the same period of time as that during which compensation is paid.

38.11(10)Where a worker who is injured or suffers the recurrence of an injury returns to work under a Commission-sanctioned program but leaves the program as a result of the injury or recurrence of the injury in respect of which the worker was receiving compensation immediately before entering the program and where the worker commences to receive compensation immediately after leaving the program, subsections (3) and (4) do not apply for the purposes of determining the compensation payable to the worker immediately after leaving the program.

38.11(11)Subsection (9) applies to a worker referred to in subsection (10) for the purposes of calculating the portion of compensation payable to the worker immediately after leaving the Commission-sanctioned program.

38.11(12)Compensation being paid for loss of earnings shall be reviewed each year as of the anniversary date of the injury or recurrence of the injury and shall be adjusted on the basis of

38.11(13)For the purposes of subsection (9), at the time a review is conducted under subsection (12), the worker’s pre-accident net earnings shall be adjusted by increasing the worker’s pre-accident earnings previously determined by the Commission by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings and subtracting any income tax and premiums under the Employment Insurance Act and contributions under the Canada Pension Plan that would be payable by the worker on those earnings as increased.

38.11(14)Compensation pursuant to this section is payable until the loss of earnings ceases or until the worker attains age sixty-five, whichever occurs first.

38.11(15)Notwithstanding subsection (14), where a worker is sixty-three years of age or more at the commencement of the worker’s loss of earnings resulting from the injury or recurrence of an injury, the Commission shall provide compensation pursuant to this section for a period not exceeding two years following the commencement of the worker’s loss of earnings resulting from the injury or recurrence of the injury.

38.11(16)Where a worker ceases to receive compensation because the worker has attained age sixty-five, pursuant to subsection (14), or because two years have elapsed since the commencement of the worker’s loss of earnings pursuant to subsection (15), the Commission shall provide necessary medical aid to the worker under section 41.

38.11(17)In recognition of loss of opportunity there shall be payable to a worker in a lump sum an award for a permanent physical impairment arising out of an injury, and the amount of the award, which shall be calculated in accordance with a rating schedule prescribed by regulation, shall not be less than five hundred dollars and not more than the maximum annual earnings.

38.11(18)A worker who was injured before the coming into force of section 38.11 and becomes eligible for compensation under this section as a result of the recurrence of an injury is not eligible to be paid the lump sum provided for in subsection (17).

38.11(19)The Commission may, in its discretion, pay to a worker an allowance in any amount that the Commission considers appropriate for the replacement or repair of clothing worn or damaged by reason of the worker wearing an artificial limb or appliance supplied by the Commission in respect of the injury.

38.11(1)Where a worker is injured or suffers a recurrence of an injury on or after January 1, 1998, the compensation payable under this Part shall be awarded as set out in this section.

38.11(2)Where injury or recurrence of an injury to a worker referred to in subsection (1) results in a loss of earnings beyond the day of the injury, the Commission shall estimate the loss of earnings therefrom and shall pay compensation to the worker in an amount equal to eighty-five per cent of the estimated loss of earnings.

38.11(3)Notwithstanding subsection (2), the Commission shall not pay compensation under subsection (2) until the worker who is injured or has suffered a recurrence of an injury has not received any remuneration from the employer or any income replacement or supplement benefit from the employer or from an employment-related source for a period of time after the injury or recurrence of the injury that is equivalent to three working days.

38.11(4)The Commission shall not pay compensation to a worker in respect of the period of time referred to in subsection (3) except as provided for in subsection (5), (6), (7), (8) or (8.1).

38.11(5)Where a worker who is injured is admitted to a hospital facility as an in-patient as a result of the injury, the Commission shall pay compensation in respect of the period of time referred to in subsection (3) unless compensation is paid under subsection (7).

38.11(6)Where a worker who suffers a recurrence of an injury is admitted to a hospital facility as an in-patient as a result of the recurrence of the injury, the Commission shall pay compensation in respect of the period of time referred to in subsection (3) unless compensation is paid under subsection (7).

38.11(7)Where a worker is disabled as a result of an injury or recurrence of an injury for more than twenty working days, the Commission shall pay compensation to the worker in respect of the period of time referred to in subsection (3) unless compensation is paid under subsection (5) or (6).

38.11(8)Where a worker has a recurrence of an injury within twenty days after the initial injury, and the worker did not receive compensation from the Commission in respect of the period of time referred to in subsection (3) with respect to the initial injury, the Commission shall pay compensation in respect of the period of time referred to in subsection (3) with respect to the recurrence of the injury.

38.11(8.1)Where a firefighter as defined in the Firefighters’ Compensation Act or a police officer as defined in the Police Act is injured, the Commission shall pay compensation in respect of the period of time referred to in subsection (3).

38.11(9)Notwithstanding subsection (2), where a worker has not received remuneration from the employer or any income replacement or supplement benefit from the employer or from an employment-related source in respect of the injury or recurrence of the injury for a period of time after the injury or recurrence of the injury that is equivalent to three working days and where the worker commences to receive compensation under subsection (2), there shall be payable to the worker only that portion of compensation which, when combined with the amount of any remuneration received by the worker from the employer or any income replacement or supplement benefit received by the worker from the employer or from an employment-related source, does not exceed eighty-five per cent of the worker’s pre-accident net earnings calculated for the same period of time as that during which compensation is paid.

38.11(10)Where a worker who is injured or suffers the recurrence of an injury returns to work under a Commission-sanctioned program but leaves the program as a result of the injury or recurrence of the injury in respect of which the worker was receiving compensation immediately before entering the program and where the worker commences to receive compensation immediately after leaving the program, subsections (3) and (4) do not apply for the purposes of determining the compensation payable to the worker immediately after leaving the program.

38.11(11)Subsection (9) applies to a worker referred to in subsection (10) for the purposes of calculating the portion of compensation payable to the worker immediately after leaving the Commission-sanctioned program.

38.11(12)Compensation being paid for loss of earnings shall be reviewed each year as of the anniversary date of the injury or recurrence of the injury and shall be adjusted on the basis of

38.11(13)For the purposes of subsection (9), at the time a review is conducted under subsection (12), the worker’s pre-accident net earnings shall be adjusted by increasing the worker’s pre-accident earnings previously determined by the Commission by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings and subtracting any income tax and premiums under the Employment Insurance Act and contributions under the Canada Pension Plan that would be payable by the worker on those earnings as increased.

38.11(14)Compensation pursuant to this section is payable until the loss of earnings ceases or until the worker attains age sixty-five, whichever occurs first.

38.11(15)Notwithstanding subsection (14), where a worker is sixty-three years of age or more at the commencement of the worker’s loss of earnings resulting from the injury or recurrence of an injury, the Commission shall provide compensation pursuant to this section for a period not exceeding two years following the commencement of the worker’s loss of earnings resulting from the injury or recurrence of the injury.

38.11(16)Where a worker ceases to receive compensation because the worker has attained age sixty-five, pursuant to subsection (14), or because two years have elapsed since the commencement of the worker’s loss of earnings pursuant to subsection (15), the Commission shall provide necessary medical aid to the worker under section 41.

38.11(17)In recognition of loss of opportunity there shall be payable to a worker in a lump sum an award for a permanent physical impairment arising out of an injury, and the amount of the award, which shall be calculated in accordance with a rating schedule prescribed by regulation, shall not be less than five hundred dollars and not more than the maximum annual earnings.

38.11(18)A worker who was injured before the coming into force of section 38.11 and becomes eligible for compensation under this section as a result of the recurrence of an injury is not eligible to be paid the lump sum provided for in subsection (17).

38.11(19)The Commission may, in its discretion, pay to a worker an allowance in any amount that the Commission considers appropriate for the replacement or repair of clothing worn or damaged by reason of the worker wearing an artificial limb or appliance supplied by the Commission in respect of the injury.

38.11(1)Where a worker is injured or suffers a recurrence of an injury on or after January 1, 1998, the compensation payable under this Part shall be awarded as set out in this section.

38.11(2)Where injury or recurrence of an injury to a worker referred to in subsection (1) results in a loss of earnings beyond the day of the injury, the Commission shall estimate the loss of earnings therefrom and shall pay compensation to the worker in an amount equal to eighty-five per cent of the estimated loss of earnings.

38.11(3)Notwithstanding subsection (2), the Commission shall not pay compensation under subsection (2) until the worker who is injured or has suffered a recurrence of an injury has not received any remuneration from the employer or any income replacement or supplement benefit from the employer or from an employment-related source for a period of time after the injury or recurrence of the injury that is equivalent to three working days.

38.11(4)The Commission shall not pay compensation to a worker in respect of the period of time referred to in subsection (3) except as provided for in subsection (5), (6), (7) or (8).

38.11(5)Where a worker who is injured is admitted to a hospital facility as an in-patient as a result of the injury, the Commission shall pay compensation in respect of the period of time referred to in subsection (3) unless compensation is paid under subsection (7).

38.11(6)Where a worker who suffers a recurrence of an injury is admitted to a hospital facility as an in-patient as a result of the recurrence of the injury, the Commission shall pay compensation in respect of the period of time referred to in subsection (3) unless compensation is paid under subsection (7).

38.11(7)Where a worker is disabled as a result of an injury or recurrence of an injury for more than twenty working days, the Commission shall pay compensation to the worker in respect of the period of time referred to in subsection (3) unless compensation is paid under subsection (5) or (6).

38.11(8)Where a worker has a recurrence of an injury within twenty days after the initial injury, and the worker did not receive compensation from the Commission in respect of the period of time referred to in subsection (3) with respect to the initial injury, the Commission shall pay compensation in respect of the period of time referred to in subsection (3) with respect to the recurrence of the injury.

38.11(9)Notwithstanding subsection (2), where a worker has not received remuneration from the employer or any income replacement or supplement benefit from the employer or from an employment-related source in respect of the injury or recurrence of the injury for a period of time after the injury or recurrence of the injury that is equivalent to three working days and where the worker commences to receive compensation under subsection (2), there shall be payable to the worker only that portion of compensation which, when combined with the amount of any remuneration received by the worker from the employer or any income replacement or supplement benefit received by the worker from the employer or from an employment-related source, does not exceed eighty-five per cent of the worker’s pre-accident net earnings calculated for the same period of time as that during which compensation is paid.

38.11(10)Where a worker who is injured or suffers the recurrence of an injury returns to work under a Commission-sanctioned program but leaves the program as a result of the injury or recurrence of the injury in respect of which the worker was receiving compensation immediately before entering the program and where the worker commences to receive compensation immediately after leaving the program, subsections (3) and (4) do not apply for the purposes of determining the compensation payable to the worker immediately after leaving the program.

38.11(11)Subsection (9) applies to a worker referred to in subsection (10) for the purposes of calculating the portion of compensation payable to the worker immediately after leaving the Commission-sanctioned program.

38.11(12)Compensation being paid for loss of earnings shall be reviewed each year as of the anniversary date of the injury or recurrence of the injury and shall be adjusted on the basis of

38.11(13)For the purposes of subsection (9), at the time a review is conducted under subsection (12), the worker’s pre-accident net earnings shall be adjusted by increasing the worker’s pre-accident earnings previously determined by the Commission by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings and subtracting any income tax and premiums under the Employment Insurance Act and contributions under the Canada Pension Plan that would be payable by the worker on those earnings as increased.

38.11(14)Compensation pursuant to this section is payable until the loss of earnings ceases or until the worker attains age sixty-five, whichever occurs first.

38.11(15)Notwithstanding subsection (14), where a worker is sixty-three years of age or more at the commencement of the worker’s loss of earnings resulting from the injury or recurrence of an injury, the Commission shall provide compensation pursuant to this section for a period not exceeding two years following the commencement of the worker’s loss of earnings resulting from the injury or recurrence of the injury.

38.11(16)Where a worker ceases to receive compensation because the worker has attained age sixty-five, pursuant to subsection (14), or because two years have elapsed since the commencement of the worker’s loss of earnings pursuant to subsection (15), the Commission shall provide necessary medical aid to the worker under section 41.

38.11(17)In recognition of loss of opportunity there shall be payable to a worker in a lump sum an award for a permanent physical impairment arising out of an injury, and the amount of the award, which shall be calculated in accordance with a rating schedule prescribed by regulation, shall not be less than five hundred dollars and not more than the maximum annual earnings.

38.11(18)A worker who was injured before the coming into force of section 38.11 and becomes eligible for compensation under this section as a result of the recurrence of an injury is not eligible to be paid the lump sum provided for in subsection (17).

38.11(19)The Commission may, in its discretion, pay to a worker an allowance in any amount that the Commission considers appropriate for the replacement or repair of clothing worn or damaged by reason of the worker wearing an artificial limb or appliance supplied by the Commission in respect of the injury.