Policy

The WCB will determine whether an injury has occurred as the result of a compensable accident, and will adjudicate appropriate compensation and services from the date of accident.  The WCB may also consider a second injury compensable if it is the direct result of the original compensable injury.

When determining its responsibility, the WCB will evaluate the relationship between the injury and the compensable accident.  In second injury cases, the WCB will evaluate the relationship between the original compensable injury and the second injury.

This policy is effective February 1, 2012, unless noted otherwise.  Any exceptions are noted within the specific policy section(s).

Interpretation

1.0 Injury

Under s.24 of the Act, compensation is payable to a worker who suffers personal injury by an accident.  Injuries may be either physical or psychological.  They may be the immediate result of an accident or develop over time.

2.0 Date of Accident

When there is a specific incident which results in injury, the date of accident is the date on which the incident occurred.

When the compensable condition or disease is progressive (i.e., there is no specific incident), the date of accident is normally the first date on which medical treatment is provided.  If, however, the worker experienced earlier lay-offs or loss of earnings which medical evidence indicates were caused by the compensable condition, the date of accident will be the first day of that earnings loss.

The date of accident for cases of potential disablement due to occupational disease is the date the potential disablement comes to the WCB's attention.

3.0 Second Injury

A second injury is a new and distinct impairment or disease occurring as a consequence or complication of a compensable injury.  To be compensable, a second injury must be the result of WCB-approved medical or rehabilitation treatment for a compensable injury or the result of a weakened limb or failure of a prosthesis or appliance related to a compensable injury (see Part II, Application 2, Second Injury).

4.0 Relationship Between the Injury and the Compensable Accident

Many injuries (e.g., strains, sprains, burns, cuts, etc.) have an obvious relationship to the compensable accident; consequently, determining the WCB's level of responsibility is relatively simple.  However, there are other injuries which, because of their progressive nature or less obvious relationship to employment, require consideration of relevant factors both in and outside employment which may have contributed to or caused the injury (see Part II, Application 1, Relationship to Compensable Accident).

Please see Part II for additional information on the following subjects:

Application

1. Relationship to Compensable Accident
2. Second Injury
3. Occupational Disease
4. Cardiac
5. Hearing Loss
6. Psychiatric or Psychological Injury
7. Chronic Pain/Chronic Pain Syndrome
8. Personal Belongings
9. Medical Panels (rescinded February 1, 2007)