Quick Links
Customer Centres
Pension Benefits for Loss of Visual Acuity
THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA
RESOLUTION OF THE PANEL OF ADMINISTRATORS
Re: Pension Benefits for Loss of Visual Acuity
WHEREAS:
Pursuant to Section 82 of the Workers Compensation Act ("Act"), RSBC 1996, Chapter 492 and amendments thereto, the Panel of Administrators must approve and superintend the policies and direction of the Workers' Compensation Board ("Board"), including policies respecting compensation, assessment, rehabilitation and occupational safety and health, and must review and approve the operating policies of the Board;
AND WHEREAS:
The Board's current policy for assessing pensions for loss of visual acuity is provided in Policy Item #39.42 of the Rehabilitation Services and Claims Manual;
AND WHEREAS:
The Appeal Division, in decision #93-1140, referred the matter of policy item #39.42 to the former Governors for appropriate policy amendments;
AND WHEREAS:
On the advice of the Policy Development Consultative Committee, the Policy Bureau consulted with the employer and worker communities on the issue;
THE PANEL OF ADMINISTRATORS RESOLVES THAT:
- Policy Item #39.42 in the Rehabilitation Services and Claims Manual is amended to incorporate the rationale for considering corrected vision in assessing visual acuity when determining compensation under Section 23(1) of the Act, and to clarify that in certain circumstances a Section 23(3) pension may be more equitable.
- The amendments to Policy Item #39.42, attached as an Appendix to this Resolution, are approved.
Dated at Richmond, British Columbia, June 15, 1999.
| By the Workers' Compensation Board |
|
| DON COTT, CHAIR, PANEL OF ADMINISTRATORS |
APPENDIX
to Resolution #990413-01
REHABILITATION
SERVICES & CLAIMS MANUAL
AMENDMENTS
[Deletions
Struck Through, Additions in Bold Italics]
#39.42 Visual Acuity
For pension purposes, loss of visual acuity should be measured both before and, if correction is possible, after correction with conventional lenses. The intent of this evaluation is to determine the nature and degree of the injury.
Section 23(1) of the Workers Compensation Act provides compensation
based on the existence of a permanent partial "disability".
The degree of disability is the extent to which the injury is presumed
to impair the earning capacity of the average worker. In determining the
degree of disability for the purposes of calculating an award under Section 23(1),
Mmeasurement of the loss of visual acuity is usually
based on the best vision obtainable after correction with conventional
lenses. Effective application of corrective lenses should eliminate
any impairment of earning capacity.
The Permanent Disability Evaluation Schedule, items 84 to 90, sets out the percentages of disability payable for loss of visual acuity. These values have been developed based on corrected vision in order to establish an accurate measure of disability.
The Board recognizes that certain occupations require perfect uncorrected vision as a condition of employment. A worker who was employed in such an occupation prior to the injury may suffer an actual loss of earnings. In these circumstances, it may be more equitable to provide compensation under Section 23(3). A Section 23(3) pension is calculated by determining the difference between the average earnings of the worker before the injury and the average amount the worker is able to earn in some suitable occupation after the injury.
As total blindness in one eye is assessed at 16% of total and total blindness in two eyes is equal to 100% of total disability, the value attached to the total loss of the second eye is 84%. When assessing a bilateral visual loss which is less than total, each eye is first assessed separately in accordance with the schedule. 84/16 times the percentage applied to the better eye is then added to the percentage applied to the poorer eye.
Where the work injury leaves the worker with an aphakic eye, an award of 12% of total is made. This award is on the assumption that the worker has 20/20 vision. If the vision is worse, the worker receives an additional award equal to the percentage allocated in the schedule to the loss of visual acuity, but this additional award is devalued according to the rules set out in #39.13. If, for example, a worker with an aphakic eye has 20/60 vision the percentage is calculated as follows:
A. Percentage for blind eye 16% B. Percentage for aphakic eye 12% C. Percentage for loss of visual acuity equal to 20/60 (Item 87 in schedule) 4% D. Additional percentage awarded where B combined with C
(C) (A) X [16%(A) - 12%(B)] 1% E. Total percentage awarded [(B) + (D)] 13%
The above formula would also apply in other situations where a compensable eye disease is combined with a loss of visual acuity.