Highlights of Noteworthy Decisions

Decision 684 19
2019-11-20
R. Hoare
  • Board Directives and Guidelines (SIEF) (preexisting condition)
  • Second Injury and Enhancement Fund {SIEF} (preexisting condition)

The worker suffered a right shoulder injury in June 2015. The employer appealed a decision of the Appeals Resolution Officer denying the employer SIEF relief.

The worker had a non-compensable shoulder injury two weeks before the compensable accident. The Vice-Chair agreed with Decision No. 2970/18, that the interpretation of a pre-existing symptomatic condition or disability in SIEF appeals should include a pre-existing symptomatic condition that has not previously disrupted employment. However, the Vice-Chair also referred to the further analysis in Decision No. 2970/18 that the pre-existing symptomatic disability or condition must still have caused or contributed to the compensable injury, or must still enhance the injury or prolong recovery.
In this case, the pre-existing shoulder condition did not cause or contributed to the compensable injury, and it did not enhance the injury or prolong recovery.
The appeal was dismissed.