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Interm Policy Changes Concerning the Assessment of Permanent Psychological Disability
THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA
REVISED
RESOLUTION OF THE PANEL OF ADMINISTRATORS
April 23, 1998
RE: Interim Policy Changes Concerning the Assessment
of Permanent Psychological Disability
WHEREAS:
Pursuant to section 82 of the Workers Compensation Act, RSBC 1996, Chapter 492 and amendments thereto (the "Act"), the Panel of Administrators (the "Panel") must approve and superintend the policies and direction of the Workers' Compensation Board (the "Board"), including policies respecting compensation, assessment, rehabilitation and occupational safety and health;
AND WHEREAS:
Section 23(1) of the Act requires the Board to grant permanent disability awards where a permanent disability results from an employment injury or disease and section 23(2) authorizes the Board to compile a rating schedule of percentages of impairment of earning capacity for specified injuries or mutilations which may be used as a guide in determining the compensation payable in permanent disability cases;
AND WHEREAS:
The Board has adopted the Permanent Disability Evaluation Schedule (the "Schedule") found in Appendix 4 to the Rehabilitation Services and Claims Manual (the "Manual") under section 23(2) of the Act;
AND WHEREAS:
The Schedule makes no reference to psychological disabilities, and policies 22.33, 39.50 and 43.10 of the Rehabilitation Services and Claims Manual, which refer to the assessment of permanent psychological disability, do not set out clear assessment criteria;
AND WHEREAS:
The existing practice of the Compensation Services Division under the existing policy is based upon an old edition of the American Medical Association Guide to the Evaluation of Permanent Impairment (AMA Guides);
AND WHEREAS:
An interim policy is required that is based on the most recent edition of the AMA Guides as well as a process to review the application of the policy to individual cases and to consider what the final policy on assessing permanent psychological disabilities should be;
THE PANEL OF ADMINISTRATORS RESOLVES THAT:
- The table below is adopted as part of the Permanent Disability Evaluation Schedule and Appendix 4 of the Manual until May 30, 2000:
PSYCHOLOGICAL DISABILITY
The categories and descriptions are based on the American Medical Association Guides to the Evaluation of Impairment (4th Edition). The Board follows the principles of assessment set forth in that publication in assessing permanent psychological impairment.
113 Aphasia and Communication Disturbances Percentage a. Minimal disturbance in comprehension and production of language symbols of daily living 0 - 10% b. Moderate disturbance in comprehension and production of language symbols of daily living 11 - 50% c. Inability to comprehend language symbols. Production of unintelligible or inappropriate language for daily activities 51 - 100% d. Complete inability to communicate or comprehend language symbols 100% 114 Disturbances of Mental Status and Integrative Functioning a. Some impairment but ability remains to satisfactorily perform most activities of daily living 0 - 25% b. Impairment necessitates direction and supervision of daily living activities 26 - 100% c. Impairment necessitates directed care under continued supervision and confinement in home or other facility 100% d. Individual is unable without supervision to care for self and be safe in any situation 100% 115 Emotional (Mental) and Behavioural Disturbances The impairment levels below relate to activities of daily living, social functioning, concentration, and adaptation. a. Mild -- impairment levels are compatible with most useful functioning 0 - 25% b. Moderate -- impairment levels are compatible with some, but not all useful functioning 26 - 75% c. Marked -- impairment levels significantly impede useful functioning 76 - 100% d. Extreme -- impairment levels preclude most useful functioning 100%
- A Psychological
Disability Committee will be appointed by the Vice-President, Compensation
Services from senior representatives of the Disability Awards, Vocational
Rehabilitation, Medical and Psychological Departments;
- The
Psychological Disability Committee (the "Committee") is authorized
until May 30, 2000, to make decisions on the percentage of disability
to be awarded to workers for a permanent psychological disability under
section 23(1) of the Act;
- The
Committee will collect and analyze data regarding psychological disability
claims and, after obtaining such other information and advice that it considers
appropriate, make recommendations concerning the items in the Schedule dealing
with psychological disabilities, including
- the appropriateness of the categories of psychological disability recognized under the interim policy approved by this resolution and whether those categories should be revised,
- the guidelines to be used in applying the categories of psychological disability,
- the appropriateness of the percentages or ranges of percentages of disability assigned to the categories of psychological disability under the interim policy approved by this resolution and whether those percentages or ranges should be revised,
- changes in the amount of compensation costs resulting from the interim policy approved by this resolution and the likely costs resulting from any of the Committee's recommendations, and
- such other incidental matters that the Committee considers appropriate.
- The Committee will provide an interim
report to the Policy Development Consultative Committee and the Panel of
Administrators on or about May 30, 1999, and make its final recommendations
to the Panel on or about May 30, 2000, after any appropriate consultation
with stakeholders has been undertaken by the Policy and Regulation Development
Bureau.
- This resolution constitutes a policy decision of the Panel of Administrators.