TEMPORARY EARNINGS REPLACEMENT BENEFITS

Decision 2007-242-AD (September 11, 2007) addressed the issue of what constituted “the commencement of the worker's loss of earnings”. At stake was a worker's entitlement to an additional two years of benefits after age 65, pursuant to s.37(10) of the Act.

In Decision 2006-419-AD (April 20, 2007), the Tribunal found that where a worker refuses a bona fide offer of alternate or modified duties because of a conflict with child care obligations, the resulting loss of earnings is not due to the injury and is therefore not compensable.

EXTENDED EARNINGS REPLACEMENT BENEFITS

In Decisions 2006-002-AD (April 23, 2007) and 2007-152-AD (April 30, 2007), the Tribunal considered whether the discretion granted to the Board to perform a 24 month review pursuant to s.73(2)(b) of the Act was restricted by Policy 3.4.2R1. Policy 3.4.2R1 states that an EERB will be reviewed 24 months after the 36-month review if it is determined to be necessary at the time of the 36-month review. The Tribunal found that the discretion for reviewing EERBs granted to the Board pursuant to s. 73(2)(b) of the Act was broad enough to sanction the review that had been performed at the 24 month mark, and was not restricted to Policy 3.4.2R1.

Decision 2006-1033-AD (May 14, 2007) considered whether a worker's earnings as a member of an organization's Board of Directors should be considered income for the purposes of calculating an EERB. The Tribunal found that this remuneration should not have been included as income for purposes of the worker's EERB calculation, noting that the worker's appointment was for a defined term and was not permanent.

GECA STRESS

Decisions 2006-603-AD (April 10, 2007), 2006-958-AD (April 10, 2007) and 2006-617-AD (October 17, 2007) interpreted Policy 1.3.6 when considering claims for stress injuries under GECA.

Decision 2006-311-AD (March 13, 2008) addressed a claim for gradual onset stress several years after the event. The Tribunal denied the worker's claim, as more than five years had elapsed since the accident had occurred.

RECOGNITION

In Decision 2007-26-AD (June 29, 2007), the Tribunal found that exposure to toxins in the workplace constituted a workplace accident.

Decision 2007-400-AD (September 28, 2007) addressed whether a worker's heart attack (which occurred at work) was compensable.

Decision 2007-652-AD (October 26, 2007) addressed whether a worker's stroke was compensable.

Decision 2007-659-AD (February 18, 2008) addressed what was meant by “serious and wilful” misconduct under s.10(3) of the Act.

In Decision 2007-133-AD (June 8, 2007), the Tribunal found that occasional exposure to an area where co-workers had previously smoked was insufficient exposure to establish a second-hand tobacco exposure claim.

CAUSATION

Decisions 2006-897-AD (April 23, 2007) and 2007-53-AD (November 8, 2007) considered whether the worker's subsequent development of hypertension was related to the original workplace injury. The Tribunal found that the link to establish causation was too remote and denied the appeal.

Decisions 2006-1027-AD (June 14, 2007) and 2007-439-AD (August 23, 2007) considered whether benefits were payable in relation to narcotic addiction that occurred following compensable injuries. The Tribunal found that the worker's drug addiction was not causally related to his compensable injury.

In Decision 2007-134-AD (November 9, 2007), the Tribunal accepted evidence that the worker had developed alcoholism as a result of his compensable injuries.

CHRONIC PAIN

In Decision 2007-266-AD (July 23, 2007), the Tribunal determined the impact of a previous final decision when considering entitlement to chronic pain benefits.

In Decision 2007-415-AD (November 19, 2007), the Tribunal considered whether PRI payable during the period a worker was receiving an amended interim earnings-loss award.

Decision 2007-426-AD (December 7, 2007) addressed the issue of a gap in medical evidence when considering entitlement to chronic pain benefits.

In Decision 2007-940-AD (February 27, 2008), the Tribunal addressed the compensability of phantom limb pain in the context of chronic pain.

In Decision 2007-213-AD (July 24, 2007), the Tribunal deals with whether a worker can get both a retroactive award for chronic pain and their previously awarded pension for Amended Interim Earnings-Loss benefits.

In Decision 2006-656-AD (May 24, 2007), the Tribunal interpreted the term "all like or related conditions" in the definition of chronic pain to mean pain syndromes without identifiable organ dysfunction. It rejected an argument that osteoarthritis is a "like or related condition" meeting the criteria for chronic pain benefits.

APPORTIONMENT

Decision 2007-107-AD (May 31, 2007) considered the apportionment of a worker's PMI for hearing loss under Policy 3.9.11R.

PROCEDURAL MATTERS

In Decision 2007-228-PAD (May 31, 2007), the Tribunal considered its jurisdiction to reconsider a determination regarding a request for an extension of time to appeal a decision. The Tribunal also reviewed the criteria for granting such a request.

NEW OR NOVEL ISSUES

Decision 2006-822-AD (June 29, 2007) addressed whether ambulance fees to transport a worker to hospital constituted “medical aid”.

VOCATIONAL REHABILITATION

Decision 2007-515-AD (October 31, 2007) concerned the provision of vocational rehabilitation in the form of a second university degree.

ATTENDANT ALLOWANCE

In Decision 2007-452-AD (November 13, 2007), the Tribunal considered the proper recipient of an attendant allowance.

In Decision 2007-646-AD (January 31, 2008), the Tribunal considered Policy 2.1.6 and the provision of a retroactive attendant allowance.

MEDICAL AID

Decision 2007-487-AD (December 17, 2007) addressed whether massage therapy should be covered as a form of medical aid.

In Decision 2007-930-AD (March 11, 2008), the Tribunal considered the necessity of being a Board-approved service provider.

PERMANENT MEDICAL IMPAIRMENT

In Decision 2007-633-AD (February 29, 2008), the Tribunal clarified that a directive for a PMI assessment did not necessarily require a physical examination; rather, it could consist of a review of the worker's file.

In Decision 2006-997-AD (April 27, 2007), the Tribunal considered an impairment to the respiratory system caused by pre-January 1, 2000 exposures to coal mining. The award of a PMI rating was therefore governed by the PMI Guidelines. The worker's situation involved entitlement due to both automatic assumption ["AA"] and coal workers' pneumoconiosis ["CWP"], and involved both obstructive disease and restrictive disease. The Tribunal found there was no entitlement to full and separate PMI ratings for both AA and CWP, and both obstructive disease and restrictive disease, as this would result in over-compensation. Rather, a worker is entitled to the greater of the PMI ratings available for obstructive disease or restrictive disease (which includes the impairment flowing from both AA and CWP), as set out in the AA schedule which forms part of the PMI Guidelines.

SUITABLE AND REASONABLY AVAILABLE EMPLOYMENT

Decisions 2007-658-AD (February 11, 2008) and 2006-676-AD (July 30, 2007) identified factors to be considered when assessing the suitability and reasonable availability of a proposed occupation and deeming income to a worker.

SECTION 84

In Decision 2006-1015-AD (June 22, 2007), the Tribunal found that the Board had properly suspended the Worker's benefits pursuant to s.84 of the Act where the Worker delayed his surgery by seeking a second medical opinion when his treating specialist had already cleared him for surgery.

COMMUTATION

In Decision 2007-171-AD (June 28, 2007), the Tribunal found that it was not necessary that a commutation be for the purposes of vocational rehabilitation. The retired Worker was awarded a commutation of his pension, as it was in his best long-term interest.

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