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1. Confirm the worker has spoken with their treating physician
When a worker contacts WCB to ask about medically assisted death or indicates they are considering obtaining medical assistance in dying, encourage the worker to discuss this directly with their treating doctor, call Health Link (811) or visit the Alberta Health Services (AHS) website, for more information. The decision to move forward with the MAID process is a personal choice made by both the worker and their treating physician, and as such WCB is not involved in this process. As WCB must determine whether the worker’s death is a compensable fatality, WCB will need documentation confirming that the treating physician’s approval of medical assistance in dying was due to the worker’s compensable condition. This includes Alberta Health Services form “Record of Request for Medical Assistance in Dying (MAID)”
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Administrative tasks
Send custom letter (CL000A) to the worker/worker's representative asking them to send in the approval documentation once they get it from the physician. Request the AHS form if it has not yet been received and ensure that it is on the worker's file.
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2. Confirm the worker's condition is related to the work accident
Confirm the WCB compensable condition is a factor (or of sufficient significance) that qualified the worker for medical assistance in dying. The compensable condition must be significant enough that, without it, the worker wouldn't qualify for medical assistance in dying, even if there are other medical conditions involved. Review the documents the worker sent in to notify WCB that a medically assisted death has been approved by their treating physician. Supporting documentation is contained in the "Independent Practitioner Assessment for Medical Assistance in Dying" AHS Services form and in the formal reports of detailed diagnosis/prognosis. If you are unable to obtain the Independent Practitioner Assessment for Medical Assistance in Dying form, you can confirm this same information in other ways such as contacting or writing to the physician, requesting a medical consultant call on physician (CCOP), etc. This is not used for determining entitlement but to clarify the condition and relationship and may be completed prior to, or after the worker's death. For terminal cases:
Let the worker and/or the dependant spouse or partner know that if MAID is approved, any fatality benefits available will be reviewed and confirmed with the worker. Once confirmation from the medical review is received, inform the worker that MAID is compensable and go to step 5.
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Administrative tasks
Add file note (medical/details) outlining the impact of the compensable injury to the MAID approval. Possible entitlements, may include but are not limited to: - TTD (total temporary disability) - paid until date of death
- PPD (permanent partial disability) - paid until month of death
- PTD (permanent total disability) - paid until month of death
- PCA (personal care allowance) -paid up to 30 days after date of death
- ELP (economic loss payment) - paid until month of death
- Psychological counselling
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3. Send for a medical consultant review
Request a medical consultant review. While this should be done in all circumstances, it is especially important in cases where: - There is not a clear causal link between the compensable condition and the worker's eligibility for MAID,
- There are non-compensable causes (complex case, and a clear link to reason for MAID is not shown), or
- A claim is created at the same time of notification of MAID arrangements (In which case the initial entitlement decision (IED) may need to be addressed at the same time).
When possible, a medical consultant referral should be done prior to the worker's death.
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Administrative tasks
Send the FM555C or FM555O - Medical Consultant Referral with the applicable questions. Review the medical consultant reporting on whether the compensable injury is related to MAID.
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4. Make a decision on the acceptance of the fatality and communicate any remaining benefits
Proceed with communicating acceptance of the fatality and discuss the benefits for dependants (if not previously done). Request the Fatality Benefit lump sum payment less any NELP that has already been paid to date on all the worker's claims (do not consider partial permanent disabilities (PPD) paid on previous claims). Ensure all levels of entitlement are addressed, including the entitlements to dependant fatality benefits. See Procedure 4.17 - Delayed Fatality tab for benefits. Refer to Policy 04-08A for further information on funeral and death expenses, and addendum 4.17A on fatality adjudication.
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Administrative tasks
Phone the worker or their representative to discuss fatality benefits and provide condolences if the worker has already passed away. Inform the worker or their representative that this is just an approximation, and finalized amounts will be sent in writing following the worker's death. Estimated amounts are not provided in writing before the calculations have been done and have been approved. Update the following eCO screens: - Address Book Maintain screen, General tab with the date of death
- Claim Folder-Claim screen, Claim Details tab with the fatality status and decision
- Address Book with the name and address of the Estate
Declare an event in eCO Fatality- MAID Note: It is important that this event is declared for government tracking purposes Send a letter: GE400 A-Z series - Fatality letters series - choose an appropriate letter for individual circumstances. Outline the survivor benefits and entitlements to ongoing pension/wage loss payments for the dependant(s) and availability of psychological family counselling. Advise of burial, cremation and memorial expenses that will be covered as well. For date of accident (DOA) prior to December 31, 2017, issue the Fatality Benefit lump sum payment less any non-economic loss payment (NELP) that has already been paid to date on all the worker's claims (do not consider PPDs paid on previous claims). For DOA's on or after January 1, 2018, use TOP/NOP FP01 to issue the Fatality Benefit lump sum payment. Forward payment file note for cheque authorization to Supervisor/Manager.
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5. Payment of fees associated with medically assisted death
Pay for the necessary healthcare costs associated with the medically assisted death. Fees may include necessary healthcare costs associated with the medically assisted death, e.g. fees for medical consultations, the prescribed medications, transfers to or from a health care facility for assessment or to the locations where the medically assisted death will take place. Typically, additional fees such as nursing costs, end of life doula's etc. are not covered as the worker is making a personal choice to undergo MAID and these are not covered by WCB. Transfer the claim to a fatality case manager for a review of entitlement to ongoing fatality benefits. Follow the internal Procedure 4.17, Fatality Adjudication.
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Administrative tasks
Once we have received confirmation of the death complete the following: - Review invoicing from AHS for payment of the costs associated with the compensable medically assisted death. Any costs associated with the medically assisted death will be paid out by medical aid.
- Stop all benefits effective the date of death or the month of death. If a pension payment is involved, send a file note to the Payment/Maintenance, Team Desk to stop benefits.
- Send a file note (Medical Pmt Processing) to the Medical Aid Special Needs, Team Desk advising any equipment the worker had is no longer needed and to make arrangements for returning the equipment.
- Send file note to the case assistant requesting they gather the medical death certificate.
Death certificates can be obtained from the Bureau of Vital Statistics. Complete a Restricted Application for Vital Statistics document which can be obtained by calling Vital Statistics and requesting the form. Note: this form is not available online as it is for "government" use only. No additional letter is required. There is no charge for this document. When requesting out-of-province death certificates, a letter of authorization from the next of kin is required. There is a fee for out-of-province death certificates. The next of kin is provided with a free copy of the autopsy reporting, and therefore a copy can be obtained from them once it has been received. It usually takes 4-6 months for the family to receive this information.
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