Highlights of Noteworthy Decisions

Decision 795 13
29/05/2013
L. Petrykowski - M. Christie - A. Grande
  • Board Directives and Guidelines (labour market re-entry) (reassessment)
  • Labour market re-entry {LMR} (cooperation) (disabled by non-compensable condition)

The worker suffered from carpal tunnel syndrome, for which the Board granted a 10% NEL award. The Board terminated LMR assistance in 2008, after finding that the worker was not co-operating in the LMR program. The worker appealed a decision of the Appeals Resolution Officer denying reinstatement of LMR services.

The worker suffered from bipolar disorder, for which he took medication. The worker's lack of co-operation in the LMR program was related to change in medication for his non-compensable bipolar disorder.
Board policy provides for reduction or suspension of LMR services where non-compensable factors arise. The Panel found that the non-compensable intervening events in this case did not warrant permanent termination of the worker's LMR program. The effects of the non-compensable intervening condition, which disrupted the worker's participation in the LMR program, have ended. It was now appropriate to reinstate LMR services.
The appeal was allowed.