Mr. Speaker, I have a return to written question asked by Ms. Lee on June 6, 2006, regarding compliance with the Valic decision.
In September 2003, the Supreme Court of Canada ruled that the Nova Scotia workers' compensation regulations that limited injured workers suffering from chronic pain syndrome to only four weeks' treatment no matter the state of their condition was unconstitutional. The court determined that this discriminated against this specific class of workers because they were being denied benefits for treating their condition based simply on the nature of their condition. Other workers' entitlement to compensation was based upon the specifics of their individual situation.
In September 2004, the Governance Council of the WCB adopted Policy 03.10 - Pain Disorders to specifically address the provision of compensation for a number of pain disorders including chronic pain syndrome. According to the Diagnostic and Statistical Manual of Mental Disorders, 4th Edition, published by the American Psychiatric Association, chronic pain syndrome is a psychiatric injury. Chronic pain syndrome is a condition that can be cured; however, upon diagnosis of the condition, it is impossible to determine if the injured worker will suffer from it for 60 days or 60 years.
Generally speaking, the WCB provides benefits at two distinct stages of an injury. Temporary benefits are provided when the worker is in the recovery stage. These benefits are provided as long as the condition lasts. Permanent disability pensions are provided when the condition is determined to be irreversible. These benefits are provided until the worker dies.
Workers who receive a permanent disability pension receive bi-weekly payments for the rest of their lives based upon their pre-accident income and the irreversible impairment resulting from the injury. Generally, these pensioners have little future interaction with the WCB.
Workers who have temporary disability have their claims managed by the WCB to attempt to provide the appropriate treatment and financial compensation on an individual basis as long as the injury lasts. If a pain disorder lasts the rest of a worker's life, there is nothing in the policy that limits the duration of compensation. Compensation can be paid for the rest of their life, and the claim is assessed on an individual basis to determine the appropriate amount of compensation.
Justice Schuler rendered her decision in the Valic case in December 2005. Justice Schuler was concerned with the policies in place in 2000, the time the Appeals Tribunal heard his appeal. In 2000, the WCB did not have a specific policy document related to chronic pain syndrome. Justice Schuler found that the WCB's policy of not providing a permanent disability pension for chronic pain syndrome was unconstitutional.
Although the Valic decision was not concerned with the current policy, it did raise questions about its constitutionality. The Governance Council has decided that it should review its current policy in light of this decision. The review will involve an inter-jurisdictional comparison of how other workers' compensation boards are addressing this issue, consultation with medical and legal experts, injured workers, and employer and worker representatives.
In the interim, injured workers suffering from a work related pain disorder are receiving benefits based upon their individual needs as was directed by the Supreme Court of Canada in the Martin decision. Thank you, Mr. Speaker.