38.2(1)Where a worker is injured or suffers a recurrence of an injury on or after January 1, 1982, but before January 1, 1993, the compensation payable under this Part shall be awarded as set out in this section.

38.2(1.1)Where a worker is injured or suffers a recurrence of an injury on or after January 1, 1993, but before January 1, 1998, the compensation payable under this Part shall be awarded as set out in this section.

38.2(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, subject to subsection (4.1), pay compensation to the worker in an amount equal to ninety per cent of the estimated loss of earnings.

38.2(2.1)Where injury or recurrence of an injury to a worker referred to in subsection (1.1) results in a loss of earnings beyond the day of the injury, the Commission shall estimate the loss of earnings from the day of the injury and shall pay compensation to the worker in an amount equal to eighty per cent of the estimated loss of earnings for the first thirty-nine weeks from the day of the injury or recurrence of the injury and thereafter in an amount equal to eighty-five per cent of the estimated loss of earnings.

38.2(2.21)For the period commencing on July 1, 2019, and ending on June 30, 2020, the reference to “three working days” in subsection (2.2) shall be read as a reference to “two working days”.

38.2(2.22)For the period commencing on July 1, 2020, and ending on June 30, 2021, the reference to “three working days” in subsection (2.2) shall be read as a reference to “one working day”.

38.2(2.5)Despite subsection (2.1), 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 (2.1), 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

38.2(2.51)For the period commencing on July 1, 2019, and ending on June 30, 2020, the reference to “three working days” in subsection (2.5) shall be read as a reference to “two working days”.

38.2(2.52)For the period commencing on July 1, 2020, and ending on June 30, 2021, the reference to “three working days” in subsection (2.5) shall be read as a reference to “one working day”.

38.2(2.9)Subsection (2.5) applies to a worker referred to in subsection (2.7) for the purposes of calculating the portion of compensation payable to the worker immediately after leaving the Commission-sanctioned program.

38.2(4)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

38.2(4.1)Notwithstanding a review under subsection (4) and the adjustment in compensation that would follow from such review, on and after January 1, 1993, there shall be no adjustment under subsection (4) to the compensation being paid for loss of earnings to a worker under subsection (2) if the amount of compensation received by the worker in the payment from the Commission immediately before the anniversary date in the year of the review is greater than the amount obtained, for the same period of time as that covered by the payment from the Commission referred to above, by taking eighty-five per cent of the amount derived by subtracting the amount calculated in accordance with paragraph (4)(b) from the amount calculated in accordance with paragraph (4)(a) and, where the latter amount exceeds the former amount, the worker shall be entitled to the adjustment in compensation under subsection (4), but for the purposes of that adjustment and any subsequent adjustment in compensation and for the compensation payable, the worker shall be deemed to be a worker who was injured or suffered a recurrence of an injury on or after January 1, 1993.

38.2(4.2)Where a worker’s compensation has not been adjusted as a result of the application of subsection (4.1), for the purposes of subsequent reviews only and only until the worker’s compensation is adjusted under subsection (4.1), the worker’s average earnings, when calculated under paragraph (4)(a) in a subsequent review shall first be increased, in chronological order, by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings that was applicable in each of the earlier reviews that did not result in an adjustment under subsection (4.1), and the resulting figure shall then be increased by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings for the year in which the review is being conducted, but otherwise the formula for determining the basis of adjustment in compensation under subsection (4) shall remain the same.

38.2(4.3)For the purposes of subsection (2.5), at the time a review is conducted under subsection (4), 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.

38.2(5)Compensation under this section is payable until the earliest of the following events:

38.2(6)Notwithstanding subsection (5), where a worker is sixty-three years of age or more at the commencement of his 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 his loss of earnings resulting from the injury or recurrence of the injury.

38.2(7)Where a worker ceases to receive compensation because he has attained age sixty-five, pursuant to subsection (5), or because two years have elapsed since the commencement of his loss of earnings pursuant to subsection (6), the Commission may provide necessary medical aid to the worker under section 41.

38.2(8)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.

38.2(9)A worker who was injured before the coming into force of section 38.2 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 (8).

38.2(10)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.

38.2(1)Where a worker is injured or suffers a recurrence of an injury on or after January 1, 1982, but before January 1, 1993, the compensation payable under this Part shall be awarded as set out in this section.

38.2(1.1)Where a worker is injured or suffers a recurrence of an injury on or after January 1, 1993, but before January 1, 1998, the compensation payable under this Part shall be awarded as set out in this section.

38.2(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, subject to subsection (4.1), pay compensation to the worker in an amount equal to ninety per cent of the estimated loss of earnings.

38.2(2.1)Where injury or recurrence of an injury to a worker referred to in subsection (1.1) results in a loss of earnings beyond the day of the injury, the Commission shall estimate the loss of earnings from the day of the injury and shall pay compensation to the worker in an amount equal to eighty per cent of the estimated loss of earnings for the first thirty-nine weeks from the day of the injury or recurrence of the injury and thereafter in an amount equal to eighty-five per cent of the estimated loss of earnings.

38.2(2.2)Notwithstanding subsection (2.1), the Commission shall not pay compensation under subsection (2.1) 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.

38.2(2.21)For the period commencing on July 1, 2019, and ending on June 30, 2020, the reference to “three working days” in subsection (2.2) shall be read as a reference to “two working days”.

38.2(2.22)For the period commencing on July 1, 2020, and ending on June 30, 2021, the reference to “three working days” in subsection (2.2) shall be read as a reference to “one working day”.

38.2(2.3)The Commission shall not pay compensation to a worker in respect of the period of time referred to in subsection (2.2) except as provided for in subsection (2.4).

38.2(2.4)Where a worker is disabled as a result of an injury or recurrence of an injury for more than thirty working days, the Commission shall pay compensation to the worker in respect of the period of time referred to in subsection (2.2).

38.2(2.5)Notwithstanding subsection (2.1), 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 (2.1), 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

38.2(2.51)For the period commencing on July 1, 2019, and ending on June 30, 2020, the reference to “three working days” in subsection (2.5) shall be read as a reference to “two working days”.

38.2(2.52)For the period commencing on July 1, 2020, and ending on June 30, 2021, the reference to “three working days” in subsection (2.5) shall be read as a reference to “one working day”.

38.2(2.7)Where a worker who is injured or suffers the recurrence of an injury on or after January 1, 1993, 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 (2.2) and (2.3) do not apply for the purposes of determining the compensation payable to the worker immediately after leaving the program.

38.2(2.8)Where a worker referred to in subsection (2.7) performed the work under a Commission-sanctioned program during the thirty-nine week period from the day of the injury or recurrence of the injury in respect of which the worker was receiving compensation immediately before entering the program, the calculation of the thirty-nine week period for the purposes of determining the compensation payable to that worker immediately after leaving the program shall be counted from the day of the injury or recurrence of the injury in respect of which the worker was receiving compensation immediately before entering the program but shall not include the period of time during which the worker performed the work under the Commission-sanctioned program.

38.2(2.9)Subsection (2.5) applies to a worker referred to in subsection (2.7) for the purposes of calculating the portion of compensation payable to the worker immediately after leaving the Commission-sanctioned program.

38.2(4)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

38.2(4.1)Notwithstanding a review under subsection (4) and the adjustment in compensation that would follow from such review, on and after January 1, 1993, there shall be no adjustment under subsection (4) to the compensation being paid for loss of earnings to a worker under subsection (2) if the amount of compensation received by the worker in the payment from the Commission immediately before the anniversary date in the year of the review is greater than the amount obtained, for the same period of time as that covered by the payment from the Commission referred to above, by taking eighty-five per cent of the amount derived by subtracting the amount calculated in accordance with paragraph (4)(b) from the amount calculated in accordance with paragraph (4)(a) and, where the latter amount exceeds the former amount, the worker shall be entitled to the adjustment in compensation under subsection (4), but for the purposes of that adjustment and any subsequent adjustment in compensation and for the compensation payable, the worker shall be deemed to be a worker who was injured or suffered a recurrence of an injury on or after January 1, 1993.

38.2(4.2)Where a worker’s compensation has not been adjusted as a result of the application of subsection (4.1), for the purposes of subsequent reviews only and only until the worker’s compensation is adjusted under subsection (4.1), the worker’s average earnings, when calculated under paragraph (4)(a) in a subsequent review shall first be increased, in chronological order, by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings that was applicable in each of the earlier reviews that did not result in an adjustment under subsection (4.1), and the resulting figure shall then be increased by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings for the year in which the review is being conducted, but otherwise the formula for determining the basis of adjustment in compensation under subsection (4) shall remain the same.

38.2(4.3)For the purposes of subsection (2.5), at the time a review is conducted under subsection (4), 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.

38.2(5)Compensation under this section is payable until the earliest of the following events:

38.2(6)Notwithstanding subsection (5), where a worker is sixty-three years of age or more at the commencement of his 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 his loss of earnings resulting from the injury or recurrence of the injury.

38.2(7)Where a worker ceases to receive compensation because he has attained age sixty-five, pursuant to subsection (5), or because two years have elapsed since the commencement of his loss of earnings pursuant to subsection (6), the Commission may provide necessary medical aid to the worker under section 41.

38.2(8)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.

38.2(9)A worker who was injured before the coming into force of section 38.2 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 (8).

38.2(10)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.

38.2(1)Where a worker is injured or suffers a recurrence of an injury on or after January 1, 1982, but before January 1, 1993, the compensation payable under this Part shall be awarded as set out in this section.

38.2(1.1)Where a worker is injured or suffers a recurrence of an injury on or after January 1, 1993, but before January 1, 1998, the compensation payable under this Part shall be awarded as set out in this section.

38.2(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, subject to subsection (4.1), pay compensation to the worker in an amount equal to ninety per cent of the estimated loss of earnings.

38.2(2.1)Where injury or recurrence of an injury to a worker referred to in subsection (1.1) results in a loss of earnings beyond the day of the injury, the Commission shall estimate the loss of earnings from the day of the injury and shall pay compensation to the worker in an amount equal to eighty per cent of the estimated loss of earnings for the first thirty-nine weeks from the day of the injury or recurrence of the injury and thereafter in an amount equal to eighty-five per cent of the estimated loss of earnings.

38.2(2.2)Notwithstanding subsection (2.1), the Commission shall not pay compensation under subsection (2.1) 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.

38.2(2.21)For the period commencing on July 1, 2019, and ending on June 30, 2020, the reference to “three working days” in subsection (2.2) shall be read as a reference to “two working days”.

38.2(2.22)For the period commencing on July 1, 2020, and ending on June 30, 2021, the reference to “three working days” in subsection (2.2) shall be read as a reference to “one working day”.

38.2(2.3)The Commission shall not pay compensation to a worker in respect of the period of time referred to in subsection (2.2) except as provided for in subsection (2.4).

38.2(2.4)Where a worker is disabled as a result of an injury or recurrence of an injury for more than thirty working days, the Commission shall pay compensation to the worker in respect of the period of time referred to in subsection (2.2).

38.2(2.5)Notwithstanding subsection (2.1), 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 (2.1), 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

38.2(2.51)For the period commencing on July 1, 2019, and ending on June 30, 2020, the reference to “three working days” in subsection (2.5) shall be read as a reference to “two working days”.

38.2(2.52)For the period commencing on July 1, 2020, and ending on June 30, 2021, the reference to “three working days” in subsection (2.5) shall be read as a reference to “one working day”.

38.2(2.7)Where a worker who is injured or suffers the recurrence of an injury on or after January 1, 1993, 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 (2.2) and (2.3) do not apply for the purposes of determining the compensation payable to the worker immediately after leaving the program.

38.2(2.8)Where a worker referred to in subsection (2.7) performed the work under a Commission-sanctioned program during the thirty-nine week period from the day of the injury or recurrence of the injury in respect of which the worker was receiving compensation immediately before entering the program, the calculation of the thirty-nine week period for the purposes of determining the compensation payable to that worker immediately after leaving the program shall be counted from the day of the injury or recurrence of the injury in respect of which the worker was receiving compensation immediately before entering the program but shall not include the period of time during which the worker performed the work under the Commission-sanctioned program.

38.2(2.9)Subsection (2.5) applies to a worker referred to in subsection (2.7) for the purposes of calculating the portion of compensation payable to the worker immediately after leaving the Commission-sanctioned program.

38.2(4)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

38.2(4.1)Notwithstanding a review under subsection (4) and the adjustment in compensation that would follow from such review, on and after January 1, 1993, there shall be no adjustment under subsection (4) to the compensation being paid for loss of earnings to a worker under subsection (2) if the amount of compensation received by the worker in the payment from the Commission immediately before the anniversary date in the year of the review is greater than the amount obtained, for the same period of time as that covered by the payment from the Commission referred to above, by taking eighty-five per cent of the amount derived by subtracting the amount calculated in accordance with paragraph (4)(b) from the amount calculated in accordance with paragraph (4)(a) and, where the latter amount exceeds the former amount, the worker shall be entitled to the adjustment in compensation under subsection (4), but for the purposes of that adjustment and any subsequent adjustment in compensation and for the compensation payable, the worker shall be deemed to be a worker who was injured or suffered a recurrence of an injury on or after January 1, 1993.

38.2(4.2)Where a worker’s compensation has not been adjusted as a result of the application of subsection (4.1), for the purposes of subsequent reviews only and only until the worker’s compensation is adjusted under subsection (4.1), the worker’s average earnings, when calculated under paragraph (4)(a) in a subsequent review shall first be increased, in chronological order, by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings that was applicable in each of the earlier reviews that did not result in an adjustment under subsection (4.1), and the resulting figure shall then be increased by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings for the year in which the review is being conducted, but otherwise the formula for determining the basis of adjustment in compensation under subsection (4) shall remain the same.

38.2(4.3)For the purposes of subsection (2.5), at the time a review is conducted under subsection (4), 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.

38.2(5)Compensation under this section is payable until the earliest of the following events:

38.2(6)Notwithstanding subsection (5), where a worker is sixty-three years of age or more at the commencement of his 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 his loss of earnings resulting from the injury or recurrence of the injury.

38.2(7)Where a worker ceases to receive compensation because he has attained age sixty-five, pursuant to subsection (5), or because two years have elapsed since the commencement of his loss of earnings pursuant to subsection (6), the Commission shall provide necessary medical aid to the worker under section 41.

38.2(8)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.

38.2(9)A worker who was injured before the coming into force of section 38.2 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 (8).

38.2(10)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.

38.2(1)Where a worker is injured or suffers a recurrence of an injury on or after January 1, 1982, but before January 1, 1993, the compensation payable under this Part shall be awarded as set out in this section.

38.2(1.1)Where a worker is injured or suffers a recurrence of an injury on or after January 1, 1993, but before January 1, 1998, the compensation payable under this Part shall be awarded as set out in this section.

38.2(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, subject to subsection (4.1), pay compensation to the worker in an amount equal to ninety per cent of the estimated loss of earnings.

38.2(2.1)Where injury or recurrence of an injury to a worker referred to in subsection (1.1) results in a loss of earnings beyond the day of the injury, the Commission shall estimate the loss of earnings from the day of the injury and shall pay compensation to the worker in an amount equal to eighty per cent of the estimated loss of earnings for the first thirty-nine weeks from the day of the injury or recurrence of the injury and thereafter in an amount equal to eighty-five per cent of the estimated loss of earnings.

38.2(2.2)Notwithstanding subsection (2.1), the Commission shall not pay compensation under subsection (2.1) 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.

38.2(2.3)The Commission shall not pay compensation to a worker in respect of the period of time referred to in subsection (2.2) except as provided for in subsection (2.4).

38.2(2.4)Where a worker is disabled as a result of an injury or recurrence of an injury for more than thirty working days, the Commission shall pay compensation to the worker in respect of the period of time referred to in subsection (2.2).

38.2(2.5)Notwithstanding subsection (2.1), 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 (2.1), 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

38.2(2.7)Where a worker who is injured or suffers the recurrence of an injury on or after January 1, 1993, 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 (2.2) and (2.3) do not apply for the purposes of determining the compensation payable to the worker immediately after leaving the program.

38.2(2.8)Where a worker referred to in subsection (2.7) performed the work under a Commission-sanctioned program during the thirty-nine week period from the day of the injury or recurrence of the injury in respect of which the worker was receiving compensation immediately before entering the program, the calculation of the thirty-nine week period for the purposes of determining the compensation payable to that worker immediately after leaving the program shall be counted from the day of the injury or recurrence of the injury in respect of which the worker was receiving compensation immediately before entering the program but shall not include the period of time during which the worker performed the work under the Commission-sanctioned program.

38.2(2.9)Subsection (2.5) applies to a worker referred to in subsection (2.7) for the purposes of calculating the portion of compensation payable to the worker immediately after leaving the Commission-sanctioned program.

38.2(4)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

38.2(4.1)Notwithstanding a review under subsection (4) and the adjustment in compensation that would follow from such review, on and after January 1, 1993, there shall be no adjustment under subsection (4) to the compensation being paid for loss of earnings to a worker under subsection (2) if the amount of compensation received by the worker in the payment from the Commission immediately before the anniversary date in the year of the review is greater than the amount obtained, for the same period of time as that covered by the payment from the Commission referred to above, by taking eighty-five per cent of the amount derived by subtracting the amount calculated in accordance with paragraph (4)(b) from the amount calculated in accordance with paragraph (4)(a) and, where the latter amount exceeds the former amount, the worker shall be entitled to the adjustment in compensation under subsection (4), but for the purposes of that adjustment and any subsequent adjustment in compensation and for the compensation payable, the worker shall be deemed to be a worker who was injured or suffered a recurrence of an injury on or after January 1, 1993.

38.2(4.2)Where a worker’s compensation has not been adjusted as a result of the application of subsection (4.1), for the purposes of subsequent reviews only and only until the worker’s compensation is adjusted under subsection (4.1), the worker’s average earnings, when calculated under paragraph (4)(a) in a subsequent review shall first be increased, in chronological order, by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings that was applicable in each of the earlier reviews that did not result in an adjustment under subsection (4.1), and the resulting figure shall then be increased by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings for the year in which the review is being conducted, but otherwise the formula for determining the basis of adjustment in compensation under subsection (4) shall remain the same.

38.2(4.3)For the purposes of subsection (2.5), at the time a review is conducted under subsection (4), 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.

38.2(5)Compensation pursuant to this section is payable until the loss of earnings ceases, or until the worker attains age sixty-five, whichever occurs first.

38.2(6)Notwithstanding subsection (5), where a worker is sixty-three years of age or more at the commencement of his 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 his loss of earnings resulting from the injury or recurrence of the injury.

38.2(7)Where a worker ceases to receive compensation because he has attained age sixty-five, pursuant to subsection (5), or because two years have elapsed since the commencement of his loss of earnings pursuant to subsection (6), the Commission shall provide necessary medical aid to the worker under section 41.

38.2(8)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.

38.2(9)A worker who was injured before the coming into force of section 38.2 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 (8).

38.2(10)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.

38.2(1)Where a worker is injured or suffers a recurrence of an injury on or after January 1, 1982, but before January 1, 1993, the compensation payable under this Part shall be awarded as set out in this section.

38.2(1.1)Where a worker is injured or suffers a recurrence of an injury on or after January 1, 1993, but before January 1, 1998, the compensation payable under this Part shall be awarded as set out in this section.

38.2(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, subject to subsection (4.1), pay compensation to the worker in an amount equal to ninety per cent of the estimated loss of earnings.

38.2(2.1)Where injury or recurrence of an injury to a worker referred to in subsection (1.1) results in a loss of earnings beyond the day of the injury, the Commission shall estimate the loss of earnings from the day of the injury and shall pay compensation to the worker in an amount equal to eighty per cent of the estimated loss of earnings for the first thirty-nine weeks from the day of the injury or recurrence of the injury and thereafter in an amount equal to eighty-five per cent of the estimated loss of earnings.

38.2(2.2)Notwithstanding subsection (2.1), the Commission shall not pay compensation under subsection (2.1) 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.

38.2(2.3)The Commission shall not pay compensation to a worker in respect of the period of time referred to in subsection (2.2) except as provided for in subsection (2.4).

38.2(2.4)Where a worker is disabled as a result of an injury or recurrence of an injury for more than thirty working days, the Commission shall pay compensation to the worker in respect of the period of time referred to in subsection (2.2).

38.2(2.5)Notwithstanding subsection (2.1), 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 (2.1), 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

38.2(2.7)Where a worker who is injured or suffers the recurrence of an injury on or after January 1, 1993, 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 (2.2) and (2.3) do not apply for the purposes of determining the compensation payable to the worker immediately after leaving the program.

38.2(2.8)Where a worker referred to in subsection (2.7) performed the work under a Commission-sanctioned program during the thirty-nine week period from the day of the injury or recurrence of the injury in respect of which the worker was receiving compensation immediately before entering the program, the calculation of the thirty-nine week period for the purposes of determining the compensation payable to that worker immediately after leaving the program shall be counted from the day of the injury or recurrence of the injury in respect of which the worker was receiving compensation immediately before entering the program but shall not include the period of time during which the worker performed the work under the Commission-sanctioned program.

38.2(2.9)Subsection (2.5) applies to a worker referred to in subsection (2.7) for the purposes of calculating the portion of compensation payable to the worker immediately after leaving the Commission-sanctioned program.

38.2(4)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

38.2(4.1)Notwithstanding a review under subsection (4) and the adjustment in compensation that would follow from such review, on and after January 1, 1993, there shall be no adjustment under subsection (4) to the compensation being paid for loss of earnings to a worker under subsection (2) if the amount of compensation received by the worker in the payment from the Commission immediately before the anniversary date in the year of the review is greater than the amount obtained, for the same period of time as that covered by the payment from the Commission referred to above, by taking eighty-five per cent of the amount derived by subtracting the amount calculated in accordance with paragraph (4)(b) from the amount calculated in accordance with paragraph (4)(a) and, where the latter amount exceeds the former amount, the worker shall be entitled to the adjustment in compensation under subsection (4), but for the purposes of that adjustment and any subsequent adjustment in compensation and for the compensation payable, the worker shall be deemed to be a worker who was injured or suffered a recurrence of an injury on or after January 1, 1993.

38.2(4.2)Where a worker’s compensation has not been adjusted as a result of the application of subsection (4.1), for the purposes of subsequent reviews only and only until the worker’s compensation is adjusted under subsection (4.1), the worker’s average earnings, when calculated under paragraph (4)(a) in a subsequent review shall first be increased, in chronological order, by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings that was applicable in each of the earlier reviews that did not result in an adjustment under subsection (4.1), and the resulting figure shall then be increased by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings for the year in which the review is being conducted, but otherwise the formula for determining the basis of adjustment in compensation under subsection (4) shall remain the same.

38.2(4.3)For the purposes of subsection (2.5), at the time a review is conducted under subsection (4), 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.

38.2(5)Compensation pursuant to this section is payable until the loss of earnings ceases, or until the worker attains age sixty-five, whichever occurs first.

38.2(6)Notwithstanding subsection (5), where a worker is sixty-three years of age or more at the commencement of his 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 his loss of earnings resulting from the injury or recurrence of the injury.

38.2(7)Where a worker ceases to receive compensation because he has attained age sixty-five, pursuant to subsection (5), or because two years have elapsed since the commencement of his loss of earnings pursuant to subsection (6), the Commission shall provide necessary medical aid to the worker under section 41.

38.2(8)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.

38.2(9)A worker who was injured before the coming into force of section 38.2 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 (8).

38.2(10)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.