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Permanent Impairment Threshold

Partial incapacity benefits are due if you are able to work, but still have some restrictions on what you can do because of your injury. As of January 1, 2009 the limit on partial incapacity benefits increased to 520 weeks (the maximum allowed by statute).  The Board approved extensions effective for 1999, 2000, 2007, 2008 and 2009. There are three exceptions to the limit on benefits. First, if your injury has caused more than 15% permanent impairment, you can receive benefits for as long as your injury lasts. Second, if you were injured between January 1, 1993 and December 31, 2001, and your injury has caused permanent impairment of 11.8% or greater or, for injuries on or after January 1, 2002, if your permanent impairment is greater than 13.2%, you can receive benefits for as long as your injury lasts. An injured worker must file a Petition for Extension of Benefits within 30 calendar days of the date that benefits expire.  For more information see W.C.B. Rules Chapter 2, section 5. Third, you can ask the Workers' Compensation Board to order the employer to continue paying benefits after the limit has been reached. To do this, you must prove that you will suffer an extreme financial hardship because you cannot return to work.

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