Chronic Pain Regulations Approved

New regulations are the first step in millions of dollars worth of compensation benefits for injured workers who suffer from chronic pain. The regulations were approved by the government on Wednesday, July 21.

The regulations adopt a modified approach to the American Medical Association (AMA) Guides 5th Edition as a framework for evaluating pain-related impairments. Workers with chronic pain will be assessed for a permanent medical impairment, which is then used to calculate any applicable benefits.

Government announced its intention to adopt this approach on May 3, after the Workers' Compensation Board did an extensive review and consultation with employers, labour, and injured workers.

"The adoption of these regulations is the first step in enabling payments to injured workers with work-related chronic pain," 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."

It is estimated that the chronic pain benefit will deliver about $11 million annually to injured workers in the form of new benefits. Workers who qualify will be eligible to receive compensation back to the Charter date (April 17, 1985) or to the date of their injury, which will provide sizable retroactive payments. The new benefit will add about $168 million to the unfunded liability.

The new regulations replace the Functional Restoration Program Regulations and Section 10B of the Workers' Compensation Act. In October 2003 the Supreme Court of Canada rendered a decision on a chronic pain appeal that found these passages to be unconstitutional. It said injured workers with chronic pain must have the same access to the workers' compensation system as other injured workers.

In the near future, the Workers' Compensation Board will be consulting with stakeholders on a policy document outlining the implementation of the chronic pain benefit.