Discussion Paper - Enhancement/Devaluation of Permanent Disability Awards Consultation
At issue was a review of the enhancement and devaluation policies. Policy provided that a permanent partial disability award may be increased (“enhancement”) in certain situations, for example, disabilities in both arms, or disabilities in both legs. A separate policy directed that a permanent partial disability award must be decreased (“devaluation”) when there were multiple disabilities existing alongside each other in the same part of the body, for example, multiple disabilities to one leg.
The Workers’ Compensation Appeal Tribunal (“WCAT”) took a different approach than the Disability Awards Department to the application of these policies in a number of appeals. In some cases, the WCAT’s approach was also adopted in Review Division decisions. At issue was whether these policies should be clarified to ensure consistent application.
Consultation closed May 14, 2010.