Spousal or Common Law Partner Options: Undue Hardship Cases

Section #:

44.110.55

Effective date:

Saturday, January 1, 2000

Last update:

Wednesday, June 27, 2012

Policy Purpose

Section 29(9) of The Workers Compensation Act (the Act) provides an option, in certain circumstances, for the surviving spouse or common-law partner of a deceased worker to receive wage-loss benefits to the age of 65, rather than the lump sum payment payable under subsection 29(1)(a)(i).

The surviving spouse or common-law partner has this option when the WCB considers the death of the worker results in undue hardship for the spouse or common-law partner, and the spouse or common-law partner is either 50 years of age or older, or an invalid.

This policy describes how the WCB determines "undue hardship".

This policy applies only to fatalities on or after January 1, 2000. For fatalities from January 1, 1992 to December 31, 1999, see Policy 44.110.55.01, Spousal Options - Undue Hardship Cases.

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44.110.55 Spousal Options Undue Hardship Cases	344.9 KB

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Policy Purpose