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Difference between revisions of "Introduction to Compensation Claims for Injured Workers (7:III)"
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Introduction to Compensation Claims for Injured Workers (7:III) (view source)
Revision as of 00:28, 5 August 2017
, 00:28, 5 August 2017→(2) Compensable Aggravation
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===== (2) Compensable Aggravation ===== | ===== (2) Compensable Aggravation ===== | ||
For both injuries and OccD, it is also recognized that the worker can have a pre-existing condition which is aggravated or activated by the compensable injury or disease. For injuries, the relevant policy is set out in#16.00 RSCM II; for OccD, policy is set out in #26.55. | For both injuries and OccD, it is also recognized that the worker can have a pre-existing condition which is aggravated or activated by the compensable injury or disease. For injuries, the relevant policy is set out in#16.00 RSCM II; for OccD, policy is set out in #26.55. It is necessary to distinguish between injuries and death resulting from employment (which are compensable), and injuries resulting from pre-existing conditions or diseases (which are compensable). There must be something in the employment activity or situation that had '''causative significance''' in producing the injury or death. In adjudicating these types of claims, the Board considers: | ||
* The nature and extent of pre-existing injury; | |||
* The nature and extent of the employment activity; and | |||
* The degree to which the employment activity may have affected the pre-existing injury. | |||
If the pre-existing condition meets the test for compensable aggravation, this requires an “aggravation" decision separate from a simple acceptance "decision”. For example, the Board may deny that a slip and fall was sufficient to cause a meniscus knee tear in a healthy worker; however, if the worker had pre-existing knee problems, the same claim could have a separate decision accepting an “aggravation” type injury. | |||
An “aggravation” approach applies when the worker has a pre-existing but non-disabling condition. After acceptance, the worker’s injury is dealt with like any other claim and the whole disability is compensable. | An “aggravation” approach applies when the worker has a pre-existing but non-disabling condition. After acceptance, the worker’s injury is dealt with like any other claim and the whole disability is compensable. | ||
However, if the worker has a pre-existing disabling condition and becomes further disabled in the same body part through a work injury, the Board will apply section 5(5) of the WCA or | If the worker has a pre-existing but non-disabling condition, and is accepted, the worker's injury is dealt with like any other claim and the whole disability is compensable. | ||
However, if the worker has a pre-existing disabling condition, and becomes further disabled in the same body part through a work injury, the Board will apply section 5(5) of the WCA or "proportionate entitlement" whereby compensation is paid only for the increase in disability, rather than the whole disability. | |||
===== (3) Jurisdiction ===== | ===== (3) Jurisdiction ===== | ||
