Determination of Entitlement to Compensation
127. The Minister or authorized person shall not pay compensation unless
(a) the claimant mails or otherwise delivers a claim for compensation to Labour Canada;
(b) Labour Canada examines the claim;
(c) Labour Canada makes an assessment that the claimant has a disability;
(d) where Labour Canada makes the assessment that a claimant has a disability, Labour Canada assesses
(i) the degree and permanency of the disability in accordance with the disability rating schedule and policy for determining the degree of disability in use by the Worker’s Compensation Board of Ontario at the time the disability is assessed, and
(ii) the degree of impairment of earning capacity resulting from the disability, having regard to the actual loss of earning capacity of the claimant;
(e) in the case of a claim for disability as a result of an occupational disease, Labour Canada makes the assessment that the claimant was exposed to the industrial process, trade or occupation with which the disease is known to be associated while participating in an approved program; and
(f) Labour Canada sends the claim, all the information it obtained concerning the claim and a report of its assessments to the Minister or authorized person.
Compensation for a Disability
128. (1) Compensation for a disability shall be a monthly sum proportionate to the degree of impairment of the claimant’s earning capacity as a result of the disability, as determined by the Minister or authorized person, taking into account the report referred to in paragraph 127(f), but in no case shall a monthly payment exceed 75 per cent of the monthly minimum wage that is in force on the date of the payment.
(2) Compensation for a disability shall only be paid for the period that the disability continues.
129. (1) Notwithstanding subsection 128(1), where the total amount of compensation payable is $10,000 or less, that amount may be paid to a claimant in a lump sum rather than in monthly payments.
(2) Where the total amount of compensation payable is more than $10,000, the Minister or authorized person may, at the written request of a claimant, and subject to subsection (3), authorize the payment of that total amount to the claimant in a lump sum rather than in monthly payments.
(3) A lump sum payment shall not be paid to a claimant under subsection (2) unless the Minister or authorized person determines, on examination of the claimant’s financial situation at least six months after the claimant is released from custody, that a lump sum payment would be to the advantage of the claimant.
(4) Where a request under subsection (2) is refused, no further request shall be considered until one year after the date the claimant was advised, in writing, of the refusal.
(5) The total amount of the compensation payable shall be calculated in accordance with the actuarial table being used by the Workers’ Compensation Board of Ontario at the time that the disability is assessed.
130. Notwithstanding any other provision of these Regulations, except section 141, the amount of compensation payable for a disability shall not exceed the amount of compensation that would be payable under the Government Employees Compensation Act if compensation were paid under that Act.
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