| Chapter: | Injuries |
| Subject: | Aggravation of a Pre-existing Condition |
| Authorization: | Board of Directors resolution 1996/10/53 |
| Date: | November 26, 1996 |
| Reference: | Workers'
Compensation Act, RSA 2000, Sections 1(1)(a), 36,
43, 56, 63, 65, 66 and 89(1) General Regulations, 1981, Section 15(c) |
When an accident causes a pre-existing condition or disease to deteriorate or become symptomatic to the point where a worker is no longer able to perform all aspects of the job, the WCB shall allow entitlement on the basis of an aggravation factor.
If surgery is required solely for the pre-existing condition a rehabilitation surgery allowance may be considered.
This consolidated policy is effective February 15, 1997, except when noted otherwise in a specific policy section(s).
A pre-existing condition is any pathological condition which, based on a confirmed diagnosis or medical judgment, pre-dated a work-related injury.
Temporary Disability
The WCB will not impose any pre-determined limitation on the payment of benefits, and payment will continue while the worker is disabled because of the aggravation factor.
Permanent Disability
When a permanent disability results from a claim allowed under this policy, the WCB will establish the portion of the permanent disability directly attributable to the aggravation.
If, following a claim for aggravation, surgical treatment is indicated solely as a consequence of the non-compensable condition, the WCB may consider paying a rehabilitation surgery allowance. This allowance will be considered only when it is probable the surgery will assist the worker in attaining employability and reduce subsequent aggravations during employment.
Please see Part II for additional information on the following subjects: