Acts and Regulations

W-13 - Workers’ Compensation Act

Section 38.53
Disposition versions

Full text
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38.53(1)Where a surviving dependent spouse elects to receive benefits under this section, the Commission shall pay to the spouse
(a) as soon as practicable after the effective date of the election, a lump sum payment equal to sixty per cent of the net annual income of the worker, as calculated by the Commission,
(b) up to the age of sixty-five years, an amount equal to sixty per cent of the worker’s average net earnings, based on his or her average net earnings as determined by the Commission, and
(c) an amount under subsection (3) in respect of each dependent child.
38.53(2)Benefits payable to a spouse under paragraph (1)(b) shall be reviewed each year as of the anniversary date of the death of the worker and for the purposes of this review the average earnings of the worker as previously determined by the Commission shall be adjusted in accordance with the percentage increase in the New Brunswick Industrial Aggregate Earnings.
38.53(3)The benefits payable to a surviving dependent spouse in respect of a dependent child shall be as follows:
(a) for a child up to but not including seven years of age, an amount equal to ten per cent of the New Brunswick Industrial Aggregate Earnings;
(b) for a child of seven years to and including thirteen years of age, an amount equal to twelve and one-half per cent of the New Brunswick Industrial Aggregate Earnings;
(c) for a child of fourteen years to and including seventeen years of age, an amount equal to fifteen per cent of the New Brunswick Industrial Aggregate Earnings; and
(d) for a child of eighteen years to and including twenty-one years of age, where that child is attending school on a full-time basis, an amount equal to fifteen per cent of the New Brunswick Industrial Aggregate Earnings, and such other supplements as the Commission may award.
38.53(4)Where the dependent surviving spouse is unable or unwilling to care for a dependent child of the worker or the dependent surviving spouse subsequently dies, the benefits referred to in subsection (3) shall be payable to the guardian of the child.
38.53(5)Adjustments in the benefits payable in respect of a dependent child due to a change in the child’s age shall become effective the month following the child’s anniversary month.
38.53(6)Where benefits are payable in respect of a child of sixteen years of age or more under subsection (4), the Commission in its discretion may pay the benefits, in whole or in part, directly to the child.
38.53(7)Benefits shall be payable for a surviving dependent invalid child without regard to age, at a rate reasonable and proportionate to the pecuniary loss to the dependent invalid child on a scale to be determined by the Commission, having in view the scale of payments laid down in subsection (3), but the yearly amount paid by the Commission shall not be less than fifteen per cent of the New Brunswick Industrial Aggregate Earnings, and the payments shall continue during the lifetime of the child or until the child ceases to be an invalid or dependent.
38.53(8)Where a dependent other than a dependent surviving spouse or child under subsection (3) or (7) was dependent upon the worker at the time of the worker’s death, the Commission may pay benefits to the dependent
(a) at a rate reasonable and proportionate to the pecuniary loss to the dependent, on a scale to be determined by the Commission, having in view the scales of payments laid down in this section, and
(b) only so long as in the opinion of the Commission it might reasonably have been expected, had the worker lived, the worker would have continued to contribute to the support of the dependent.
1998, c.4, s.9; 2008, c.45, s.43
Computation of benefits
38.53(1)Where a surviving dependent spouse elects to receive benefits under this section, the Commission shall pay to the spouse
(a) as soon as practicable after the effective date of the election, a lump sum payment equal to sixty per cent of the net annual income of the worker, as calculated by the Commission,
(b) up to the age of sixty-five years, an amount equal to sixty per cent of the worker’s average net earnings, based on his or her average net earnings as determined by the Commission, and
(c) an amount under subsection (3) in respect of each dependent child.
38.53(2)Benefits payable to a spouse under paragraph (1)(b) shall be reviewed each year as of the anniversary date of the death of the worker and for the purposes of this review the average earnings of the worker as previously determined by the Commission shall be adjusted in accordance with the percentage increase in the New Brunswick Industrial Aggregate Earnings.
38.53(3)The benefits payable to a surviving dependent spouse in respect of a dependent child shall be as follows:
(a) for a child up to but not including seven years of age, an amount equal to ten per cent of the New Brunswick Industrial Aggregate Earnings;
(b) for a child of seven years to and including thirteen years of age, an amount equal to twelve and one-half per cent of the New Brunswick Industrial Aggregate Earnings;
(c) for a child of fourteen years to and including seventeen years of age, an amount equal to fifteen per cent of the New Brunswick Industrial Aggregate Earnings; and
(d) for a child of eighteen years to and including twenty-one years of age, where that child is attending school on a full-time basis, an amount equal to fifteen per cent of the New Brunswick Industrial Aggregate Earnings, and such other supplements as the Commission may award.
38.53(4)Where the dependent surviving spouse is unable or unwilling to care for a dependent child of the worker or the dependent surviving spouse subsequently dies, the benefits referred to in subsection (3) shall be payable to the guardian of the child.
38.53(5)Adjustments in the benefits payable in respect of a dependent child due to a change in the child’s age shall become effective the month following the child’s anniversary month.
38.53(6)Where benefits are payable in respect of a child of sixteen years of age or more under subsection (4), the Commission in its discretion may pay the benefits, in whole or in part, directly to the child.
38.53(7)Benefits shall be payable for a surviving dependent invalid child without regard to age, at a rate reasonable and proportionate to the pecuniary loss to the dependent invalid child on a scale to be determined by the Commission, having in view the scale of payments laid down in subsection (3), but the yearly amount paid by the Commission shall not be less than fifteen per cent of the New Brunswick Industrial Aggregate Earnings, and the payments shall continue during the lifetime of the child or until the child ceases to be an invalid or dependent.
38.53(8)Where a dependent other than a dependent surviving spouse or child under subsection (3) or (7) was dependent upon the worker at the time of the worker’s death, the Commission may pay benefits to the dependent
(a) at a rate reasonable and proportionate to the pecuniary loss to the dependent, on a scale to be determined by the Commission, having in view the scales of payments laid down in this section, and
(b) only so long as in the opinion of the Commission it might reasonably have been expected, had the worker lived, the worker would have continued to contribute to the support of the dependent.
1998, c.4, s.9; 2008, c.45, s.43
Computation of benefits
38.53(1)Where a surviving dependent spouse elects to receive benefits under this section, the Commission shall pay to the spouse
(a) as soon as practicable after the effective date of the election, a lump sum payment equal to sixty per cent of the net annual income of the worker, as calculated by the Commission,
(b) up to the age of sixty-five years, an amount equal to sixty per cent of the worker’s average net earnings, based on his average net earnings as determined by the Commission, and
(c) an amount under subsection (3) in respect of each dependent child.
38.53(2)Benefits payable to a spouse under paragraph (1)(b) shall be reviewed each year as of the anniversary date of the death of the worker and for the purposes of this review the average earnings of the worker as previously determined by the Commission shall be adjusted in accordance with the percentage increase in the New Brunswick Industrial Aggregate Earnings.
38.53(3)The benefits payable to a surviving dependent spouse in respect of a dependent child shall be as follows:
(a) for a child up to but not including seven years of age, an amount equal to ten per cent of the New Brunswick Industrial Aggregate Earnings;
(b) for a child of seven years to and including thirteen years of age, an amount equal to twelve and one-half per cent of the New Brunswick Industrial Aggregate Earnings;
(c) for a child of fourteen years to and including seventeen years of age, an amount equal to fifteen per cent of the New Brunswick Industrial Aggregate Earnings; and
(d) for a child of eighteen years to and including twenty-one years of age, where that child is attending school on a full-time basis, an amount equal to fifteen per cent of the New Brunswick Industrial Aggregate Earnings, and such other supplements as the Commission may award.
38.53(4)Where the dependent surviving spouse is unable or unwilling to care for a dependent child of the worker or the dependent surviving spouse subsequently dies, the benefits referred to in subsection (3) shall be payable to the guardian of the child.
38.53(5)Adjustments in the benefits payable in respect of a dependent child due to a change in the child’s age shall become effective the month following the child’s anniversary month.
38.53(6)Where benefits are payable in respect of a child of sixteen years of age or more under subsection (4), the Commission in its discretion may pay the benefits, in whole or in part, directly to the child.
38.53(7)Benefits shall be payable for a surviving dependent invalid child without regard to age, at a rate reasonable and proportionate to the pecuniary loss to the dependent invalid child on a scale to be determined by the Commission, having in view the scale of payments laid down in subsection (3), but the yearly amount paid by the Commission shall not be less than fifteen per cent of the New Brunswick Industrial Aggregate Earnings, and the payments shall continue during the lifetime of the child or until the child ceases to be an invalid or dependent.
38.53(8)Where a dependent other than a dependent surviving spouse or child under subsection (3) or (7) was dependent upon the worker at the time of the worker’s death, the Commission may pay benefits to the dependent
(a) at a rate reasonable and proportionate to the pecuniary loss to the dependent, on a scale to be determined by the Commission, having in view the scales of payments laid down in this section, and
(b) only so long as in the opinion of the Commission it might reasonably have been expected, had the worker lived, the worker would have continued to contribute to the support of the dependent.
1998, c.4, s.9