- Permanent impairment {NEL} (degree of impairment) (psychotraumatic disability)
- Suitable employment (suitable for worker's capabilities)
- Loss of earnings {LOE} (eligibility) (impairment)
- Suitable employment (modified duties)
The issues under appeal were: a) whether the Non-Economic Loss (NEL) award for psychotraumatic disability was correctly assessed at 15%; and, b) whether the worker had entitlement to loss of earnings (LOE) benefits from May 26, 2020.
The Vice-Chair allowed the appeal, in part.The Vice-Chair confirmed the permanent impairment for the worker's psychotraumatic disability at 15%. The medical evidence was consistent with a Class 2 rating, including that the worker was able to manage her activities of daily living, and her maintenance of her relationships with family and friends with some limitation on scope of activities due to physical limitations. The worker was entitled to LOE benefits from May 26, 2020 as the modified work offered by the accident employer was not suitable. The worker had a permanent restriction against walking or standing of more than five minutes. The additional COVID-19 infection protection protocols introduced by the accident employer introduced additional walking requirements to the worker's modified duties. The requirement to change at the workplace introduced substantially more walking and preparation. The location of the auditorium and women's change room were on opposite sides of the long term care facility and these protocols required that the worker attend work as much as forty minutes earlier to address the additional requirements of changing in the workplace. The job duties with additional walking rendered the modified work unsuitable. This finding was consistent with the attending psychologist's observations that the job duties were contributing to an overall health worsening for the worker.