Highlights of Noteworthy Decisions

Decision 1982 13
V. Marafioti
  • Permanent impairment {NEL} (redetermination) (significant deterioration)

The worker suffered compensable injuries in 1976 and 1993. In Decision No. 1285/99, the Tribunal found that the worker had a permanent thoracic back impairment and a permanent aggravation of his previous low back condition, resulting from the 1993 accident. The Board then granted a NEL award for the thoracic and low back conditions.

In this decision, the Vice-Chair found that the worker was entitled to redetermination of the NEL award for the low back condition. The Vice-Chair noted that a redetermination does not lead automatically to an increase in a NEL quantum. Rather, if there is medical basis to conclude that there is a deterioration, a NEL redetermination will assess and determine if indeed there is any measurable deterioration which places the worker below the current NEL quantum.