Highlights of Noteworthy Decisions

Decision 967 14
R. Nairn
  • Experience rating (NEER) (active file)

The Board granted the worker entitlement for carpal tunnel syndrome in 2009. In 2010, it was determined that she should undergo carpal tunnel release surgery, but the surgery was postponed because the worker was pregnant at the time. The surgery was performed in 2012. The employer appealed a decision of the Appeals Resolution Officer that the claim file was active in 2012 for NEER experience rating purposes.

According to Board policy, a claim is inactive for a given year if it draws no benefits. Some Tribunal decisions have concluded that a claim is active based on when the benefits were actually paid. Other Tribunal decision have concluded that a claim should be made active on the date to which the payment applies rather than on the later date that the payment was actually made.
The employer submitted that the claim should be considered active in 2010, rather than 2012, because the need for surgery was determined in 2010. However, the Vice-Chair noted that the worker underwent the surgery in 2012 and received LOE benefits in 2012. The issue of whether the worker could have undergone the surgery earlier is not a factor to be considered in the application of the Board policy.
The appeal was dismissed.