PERMANENT MEDICAL IMPAIRMENT

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.

EARNINGS REPLACEMENT BENEFITS

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.

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.

RECOGNITION

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.

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.