Highlights of Noteworthy Decisions

Decision 1835 17
04/08/2017
S. Peckover
  • Pensions (Rating Schedule)
  • Pensions (reassessment)
  • Supplements, transitional provisions (permanent) (retirement) (early)

The worker suffered a right ankle injury in 1975, for which the Board granted the worker a 3% pension, increased to 6% in 1988, to 10% in 1992 and to 15% in 1995. The worker stopped working in December 2012. The worker appealed a decision of the Appeals Resolution Officer denying supplementary benefits under s. 147(4) of the pre-1997 Act after December 2012.

When he stopped working in 2012, the worker applied for another pension reassessment. The Board denied the reassessment, noting that the worker was already receiving a pension that was higher than the maximum allowed under the Ontario Rating Schedule.
Board Operational Policy Manual, Document No. 18-07-10, on pre-1990 pension supplements, states that a worker may be entitled to a supplement if the worker returns to work with no earnings loss and later retires where circumstances have changed due to worsening of the permanent impairment.
Although the worker's pension was already greater than the maximum in the Ontario Rating Schedule, this did not prove that the worker's compensable condition had not deteriorated. On the evidence, the Vice-Chair was satisfied that the worker's compensable right ankle condition had deteriorated and that the deterioration affected his ability to perform his duties, ultimately culminating in his early retirement in December 2012.
The worker was entitled to s. 147(4) supplementary benefits after December 2012. The appeal was allowed.