Mr. Speaker, I have a return to written question asked by Ms. Sandy Lee on October 27, 2004, regarding compensation and rehabilitation benefits.
In light of the emergent issues from the Supreme Court of Canada decision Nova Scotia WCB v. Martin and their possible ramifications, a comprehensive and nation-wide review of the "best practices" related to the management of claims involving pain disorders were conducted by the WCB's policy unit. The review confirmed that the WCB's current practices with respect to claimants with pain disorders was already aligned with the principles of the Martin decision and resulted in the development of new policy 03.10, entitled "Pain Disorders," which outlines how the WCB will accept, treat and compensate claims for pain disorders. As a part of the policy development process, the WCB consulted with the workers' advisor, and all of his suggestions were considered. This policy was approved by the WCB Governance Council and came into effect on September 16, 2004.
All workers who sustain an injury or suffer an occupational disease from a workplace accident or occupational exposure are eligible for the same level and degree of benefits; including workers who suffer from chronic pain. These benefits include, but are not limited to:
- • Non-monetary benefits: which include medical treatment, physical and occupational therapy, medical aids and equipment, and vocational rehabilitation programs and services. Where the pain from a workplace injury is a barrier to participation in programs, or in return to work, workers may be eligible for pain management services and programs.
- • Temporary compensation benefits: which include total temporary disability payments, wage replacement, and/or total partial disability payments, vocational exploration benefits, vocational rehabilitation benefits while participating in rehabilitation programs and job search benefits.
- • Permanent disability benefits: eligibility for these benefits is based on objective and measurable medical evidence of permanent impairment. Where there is a measurable permanent physical impairment, the degree of impairment is rated in accordance with the NWT & Nunavut Permanent Impairment Rating Guide. Based on the rating provided, a lifetime pension is calculated and paid to the worker.
The Governance Council, in approving policy 3.10, Pain Disorders, in September 2004, made the decisions that the WCB of the NWT and Nunavut would not award a permanent impairment rating where a worker had no measurable physical impairment and pain was the only symptom of
disability. This decision was based on consultation and interjurisdictional review and reflects that pain does not provide objective measurable evidence on which to base a permanent impairment rating.
All claims are dealt with on a case-by-case basis, with the eligibility of benefits based on the individual's particular case. Workers with pain disorders associated with a workplace injury have their entitlement to benefits determined through the same processes as other injured workers. All injured workers, whether suffering from a pain disorder or not, are assessed and entitled based on the medical evidence/diagnosis as it pertains to his or her specific case.
There are no different considerations from an adjudication standpoint apart from the fact that chronic pain cannot be given a permanent impairment rating as previously indicated.
The WCB of the NWT and Nunavut remains committed to helping those workers who suffer from chronic pain to cope with this condition through the provision of other programs and services. Thank you, Mr. Speaker.