October, 2000
Q. If
an employee returns from a disability absence and then goes out again
because of the same disability condition, do we continue the old disability
claim or start a new one?
A.The
disability unit of the Workers’ Compensation Board uses three (3) months as a guide when determining whether an old claim is continued or a new claim started.
So if an employee returns to work for less than three months and goes out again due to the original disability condition, you simply continue the original claim. There is no new waiting period so the insurance carrier picks up the disability payments where they left off when the employee returned to work the first time. Also, a new disability form does not even have to be filed; a medical report to the insurance carrier is sufficient to re-start the claim.
On the other hand, if the employee has been back to work for more than three months, and goes out again due to the original disability condition, a new claim should be initiated with a new waiting period and new disability claim forms.
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