38.101(1)If a worker is injured or suffers a recurrence of an injury on or after July 1, 2024, the compensation payable under this Part shall be awarded as set out in this section.

38.101(2)If 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 from the injury and shall pay compensation to the worker in an amount equal to 90% of the estimated loss of earnings.

38.101(3)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 90% of the worker’s pre-accident net earnings calculated for the same period of time as that during which compensation is paid.

38.101(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

38.101(5)For the purposes of subsection (3), 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.

38.101(6)Compensation under this section is payable until the earliest of the following events:

38.101(7)Despite subsection (6), if a worker is 63 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 under 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.

38.101(8)The Commission may provide necessary medical aid to a worker under section 41 if the worker ceases to receive compensation

38.101(9)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 be not less than  $500 and not more than the maximum annual earnings.

38.101(10)A worker who was injured before the commencement of this section 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 (9).

38.101(11)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.