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Policies and Information Manual


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Policy 03-02 Part I

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)

Policy:

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).

Interpretation

1.0 Pre-existing Condition

A pre-existing condition is any pathological condition which, based on a confirmed diagnosis or medical judgment, pre-dated a work-related injury.

2.0 Aggravation

An aggravation is the clinical effect of a compensable accident on a pre-existing condition, resulting in temporary or permanent clinical impairment and/or loss of earning capacity.

3.0 Entitlement

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.

4.0 Rehabilitation Surgery Allowance

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:

Application

  1. Aggravation of a Pre-existing Condition
  2. Rehabilitation Surgery Program
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