BOD Decision -2004/01/20-01 – The Status of Treatment Injuries
At its meeting on January 20, 2004, the Board of Directors approved amendments to policies in the Rehabilitation Services & Claims Manual, Volume II, dealing with the compensable consequences of work injuries.
The key changes include:
- Amendments to policy items #22.00 (Compensable Consequences of Work Injuries), #22.10 (Further Injury or Increased Disablement Resulting from Treatment), #22.11 (Disablement Caused by Surgery), #22.15 (Travelling To and From Treatment) and #22.21 (Activities on Board Premises or at Other Premises under Board Sponsorship). The changes clarify that if a work injury is a significant cause of a further injury, then the further injury is sufficiently connected to the work injury so that it forms an inseparable part of that injury. The further injury is therefore considered to arise out of and in the course of employment and is compensable on this basis.
- Deletion of policy item #74.11(Medical Negligence or Malpractice).
- Deletion of the last paragraph of policy item #111.10 (Injury Caused by Worker or Employer).
- Retirement of Decision No. 152 of the Workers' Compensation Reporter, Volume 2.
The policy amendments took effect on February 1, 2004 and apply to all decisions, including appellate decisions, made on or after February 1, 2004 regardless of the date of the original work injury or the further injury.