48(1)This section shall not apply to workers in receipt of compensation under section 38.11 or 38.2.
Permanent total disability
48(2)In the case of permanent total disability awards as a result of an accident, compensation shall be payable,
(a)
commencing on January 1, 1990 and continuing until the worker attains the age of sixty-five or the worker’s disability ceases, whichever is earlier, in an amount equal to the greater of
(i)
fifty per cent of the New Brunswick Industrial Aggregate Earnings per year, and
(ii)
seventy-five per cent of the New Brunswick Industrial Aggregate Earnings per year less the aggregate of
(A)
the earnings the worker is estimated to be capable of earning each year at a suitable occupation, and
(B)
the amount the worker is entitled to receive each year under the
Canada Pension Plan and
Old Age Security Act, or
(b)
commencing on January 1, 1990 and continuing for the life of the worker, or the duration of the worker’s disability, where the worker has attained the age of sixty-five before January 1, 1990, or, where the worker attains the age of sixty-five after January 1, 1990, commencing on the date on which the worker attains that age, and continuing for the life of the worker or the duration of the worker’s disability, as the case may be, in an amount equal to the greater of
(i)
the compensation payable immediately prior to January 1, 1982, and
(ii)
seventy-five per cent of $17,000.00 per year less the aggregate of
(A)
the earnings the worker is estimated to be capable of earning each year at a suitable occupation, and
(B)
the amount the worker is entitled to receive each year under the
Canada Pension Plan and the
Old Age Security Act, except any increase in
Canada Pension Plan or Old Age Security benefits after 1984.
48(2.1)Compensation being paid under paragraph (2)(a) shall be reviewed each year, commencing in 1991, as of the anniversary date of the worker’s injury and shall be adjusted in accordance with the annual percentage increase in the New Brunswick Industrial Aggregate Earnings and the change, if any, in the amounts determined in accordance with clauses (2)(a)(ii)(A) and (B).
Permanent partial disability
48(3)In the case of permanent partial disability awards as a result of an accident that diminished the earning capacity of the worker by fifty per cent or more, compensation shall be payable,
(a)
commencing on January 1, 1990 and continuing until the worker attains the age of sixty-five or the worker’s disability ceases, whichever is earlier, in an amount equal to the greater of
(i)
the amount calculated by reference to a scale of payments established by the Commission based upon the formula set out in subparagraph (2)(a)(i), and
(ii)
the amount calculated by reference to a scale of payments established by the Commission based upon the formula set out in subparagraph (2)(a)(ii), or
(b)
commencing on January 1, 1990 and continuing for the life of the worker or the duration of the disability, where the worker has attained the age of sixty-five before January 1, 1990, or, where the worker attains the age of sixty-five after January 1, 1990, commencing on the date on which the worker attains that age and continuing for the life of the worker or the duration of the worker’s disability, as the case may be, in an amount equal to the greater of the amounts calculated by reference to the scale of payments established by the Commission based upon the formulas set out in to in subparagraphs (2)(b)(i) and (2)(b)(ii).
48(3.1)Compensation being paid under paragraph (3)(a) shall be reviewed each year, commencing in 1991, as of the anniversary date of the worker’s injury and shall be adjusted in accordance with the change, if any, in the amounts determined in accordance with the formulas referred to in subparagraphs (3)(a)(i) and (3)(a)(ii).
Permanent partial disability
48(4)In the case of permanent partial disability awards as a result of an accident that diminished the earning capacity of the worker by less than fifty per cent, compensation shall be payable,
(a)
commencing on January 1, 1990, in an amount calculated by reference to the scale of payments established by the Commission based on the formula referred to in subparagraph (3)(a)(ii), if the amount so calculated is greater than that calculated by reference to the scale of payments established by the Commission based on the formula referred to in subparagraph (3)(a)(i), and continuing until the greater amount ceases to be the greater amount or the worker attains the age of sixty-five, whichever is earlier, or
(b)
where a worker does not, or ceases to, qualify for compensation under paragraph (a), commencing on January 1, 1990, or such later date on which the worker ceases to so qualify, and continuing for the life of the worker or the duration of the worker’s disability in an amount equal to the greater of
(i)
an amount calculated by reference to the scale of payments established by the Commission based on the formula referred to in paragraph (3)(b), and
(ii)
an amount proportionate to seventy-five per cent of $7,200.00 per year.
48(4.1)Compensation being paid under paragraph (4)(a) shall be reviewed each year commencing in 1991, as of the anniversary date of the worker’s injury and shall be adjusted in accordance with the change, if any, in the amounts determined in accordance with the formula referred to in paragraph (4)(a).
When weekly compensation paid
48(5)Where an injured worker returns to employment and suffers a recurrence of the injury after the coming into force of section 38.2 but before the coming into force of section 38.11, the compensation payable to the worker in respect of the recurrence of that injury shall be as determined in section 38.2.
48(5.01)Where an injured worker returns to employment and suffers a recurrence of the injury after the coming into force of section 38.11, the compensation payable to the worker in respect of the recurrence of that injury shall be as determined in section 38.11.
Payment to dependant surviving spouse
48(5.1)There shall be payable to the dependent surviving spouse of a worker injured prior to January 1, 1982 who was at the time of his or her death in receipt of a compensation under subsection (2) survivors’ benefits as set out in subsection 38.8(2).
48(5.2)Section 38.81 applies with the necessary modifications to a spouse referred to in subsection (5.1).
48(6)Repealed: 1981, c.80, s.20 1961-62, c.72, s.16; 1963(2nd Sess.), c.44, s.1; 1968, c.91, s.6; 1973, c.65, s.10; 1975, c.92, s.7; 1978, c.61, s.5; 1980, c.56, s.10; 1981, c.80, s.3, 20; 1982, c.67, s.5; 1985, c.38, s.9; 1986, c.85, s.1; 1989, c.65, s.17; 1994, c.70, s.12; 1998, c.4, s.15; 2008, c.45, s.43