Monday, May 12, 2008

Employment

(1) An insured person who is entitled to an income replacement benefit shall make reasonable efforts to,

(a) Return to the employment in which he or she engaged at the time of the accident; or

(b) Obtain employment for which he or she is reasonably suited by education, training or experience. O. Reg. 403/96, s. 56 (1).

(2) Subsection (1) does not apply if,

(a) Employment would be detrimental to the insured person’s treatment or recovery; or

(b) The insured person is participating in a vocational rehabilitation program. O. Reg. 403/96, s. 56 (2).

(3) If an insured person does not comply with subsection (1), the insurer may notify the insured person that the insurer intends to stop payment of the benefit in accordance with subsection (4). O. Reg. 281/03, s. 29.

(4) If at least 10 business days have elapsed after a notice is given under subsection (3) and the insured person is not in compliance with subsection (1), the insurer may stop payment of the benefit. O. Reg. 281/03, s. 29; O. Reg. 546/05, s. 27.

(5) Section 37 does not apply in respect of a stoppage of benefits, or proposed stoppage of benefits, under this section. O. Reg. 281/03, s. 29.

(6) If, after the stoppage of benefits under subsection (4), the insured person subsequently complies with subsection (1), the insurer shall resume payment of the benefit in respect of periods after the insured person complied. O. Reg. 281/03, s. 29.

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