Chronic Pain Benefit Announced

A new approach to compensate injured workers who suffer from chronic pain was announced by the government today, May 3.

Government will establish regulations to reflect the approach recommended by the Workers' Compensation Board. It will also take steps to fill two open positions on the board of directors of the Workers' Compensation Board.

"This is a significant decision for injured workers. We believe the new chronic pain approach will ensure equal assessment for benefits for all injured workers, regardless of their injury," said Kerry Morash, Minister responsible for the Workers' Compensation Board. "This is a fair approach that addresses the constitutional issues raised by the Supreme Court, and it is sustainable."

The new benefit uses a modified approach to the American Medical Association (AMA) Guides 5th Edition as a framework for evaluating pain-related impairments. The AMA Guides are the most widely used system of rating impairment in North America. The AMA 5th encourages the use of a multi-disciplinary assessment to establish a full picture of the impact chronic pain is having on a worker's original injury. Using this approach, workers with chronic pain will be assessed for a permanent medical impairment, which is then used to calculate additional benefits.

It is estimated that the chronic pain benefit will deliver about $11 million annually to injured workers in the form of new benefits. The new benefit will add about $168 million to the unfunded liability.

The new Workers' Compensation Board appointments will be filled by representatives from injured worker groups and industry groups, each of which will be asked to nominate candidates over the next few weeks. The positions are non-voting and bring the board of directors to a complement of 11.

"Stakeholders must take greater ownership, have better information, and have more input into the direction of the workers' compensation system. Enhancing board membership will help to ensure that all stakeholders play a greater role in planned changes to the system," said Mr. Morash.

In October 2003 the Supreme Court of Canada rendered a decision on a chronic pain appeal that found the functional restoration program regulations and section 10B of the Workers' Compensation Act to be unconstitutional. It said injured workers with chronic pain must have the same access to the workers' compensation system as other injured workers.