Highlights of Noteworthy Decisions

Decision 302 19
A. Patterson
  • Pensions (reassessment)
  • Pensions (Rating Schedule) (back)

The worker suffered a low back injury in October 1977, for which he was granted a 20% pension, later increased to 30%, then to 50% and then to 60%.

The Vice-Chair found that the worker was entitled to a further pension reassessment due to deterioration of his condition. The ARO found that the 60% pension was already the maximum allowable under the Ontario Rating Schedule for failed back syndrome. However, the Vice-Chair noted that the Board policy provides that the Ontario Rating Schedule is used only as a guide for minimum rating levels for specified disabilities and that, in every case, emphasis is placed on individual factors.