- Health care (dental aid)
- Consequences of injury (secondary condition)
- Dental (erosion)
The worker was granted entitlement for a concussion and post-concussive syndrome (PCS). The worker's Non-Economic Loss (NEL) award was assessed at 25%. Among the most disabling aspects of the worker's PCS symptoms were recurring and significant migraine-like headaches with accompanying nausea and frequent vomiting. The issue to be determined in this appeal was whether the worker had entitlement to payment for dental work caused by his compensable frequent vomiting.
The appeal was allowed. OPM Document No. 15-05-01 "Resulting from Work-Related Disability/Impairment" speaks to secondary conditions arising from a work-related disability or impairment. The Panel was persuaded that the worker's compensable vomiting was quite frequent and consistent. In addition, there was a lack of any significant dental problems pre-accident. Post-accident, there was evidence of fairly rapid deterioration, subsequently identified as extensive erosion and decay as implied by the extensive dental work proposed. The Panel found that the trajectory of the worker's dental problems was more consistent with the vomiting being, if not the only factor, at least a significant contributing factor in the worker's identified tooth erosion and decay. The proposed dental work involved extraction of some damaged teeth, installation of some bridges, and various forms of artificial teeth or artificial tooth additions. The Panel found that the worker was entitled to all of the dental treatment as set out in the June 29, 2023 updated proposed treatment plan.