POLICY NUMBER: 3. 9. 6

Effective Date: February 1, 1996
Date Issued: February 8, 1996
Date Approved by Board of Directors: Feb. 2, 1996
Topic: Implementation of Appeal Board Decisions on Permanent Compensation in the Absence of Measurable Impairment
Section: Short-Term and Long-Term Benefits
Subsection: General

Preamble

The Workers' Compensation Act addresses, through the "Transitional" provisions in Sections 225-228, the general rules for granting permanent benefits to workers who fall within various categories. To deal with certain situations not secifically addressed in the Transitional sections of the Act, the Workers' Compensation Board has adopted the following policy.

Policy Statement

1.Where:

(a) the Workers' Compensation Appeal Board has determined that a worker has a permanent impairment and/or a permanent disability, but did not assign a specific permanent impairment percentage rating; and

(b) the Workers' Compensation Board has not yet made an award to the worker for permanent disability; and

(c) the Workers' Compensation Board has difficulty determining, upon examination, an impairment using the Permanent Impairment Rating Schedule (contained in Policy 3.3.2R1),

staff may, in order to conform to the appeal ruling, assign the worker a permanent medical impairment rating not to exceed 5%, and make:

(i) a Permanent Partial Disability award (CRS Award) for injuries before March 23, 1990; or

(ii) a Permanent Impairment Benefit award for injuries on or after March 23, 1990.

2. Consideration for entitlement to other benefits will be in keeping with the order of the Appeal Board and in keeping with the approved policies of the Workers' Compensation Board with regard to those benefits.

Application

This Policy applies to all decisions made on or after Feb. 1, 1996.

References

Workers' Compensation Act (Chapter 10, Acts of 1994 - 95), Sections 225-228