- Pensions (arrears)
- Pensions (assessment) (finger) (amputation)
- Permanent disability
- Supplements, transitional provisions
The worker was working as a general labourer at a lumber mill, operating a planer, when his right index, middle, and ring fingers were amputated. The WSIB increased the worker's right hand permanent disability (PD) award to 28% to recognize a loss of functionality in the right little finger in May 2019. The worker appealed the following issues: a) the quantum of the permanent disability (PD) award for the right hand when the right little finger is included; b) the arrears date for the worker's increased right hand PD award; and, c) entitlement to supplementary benefits under subsection 147(4) prior to August 4, 2016.
The Vice-Chair allowed the appeal, in part.The use of the worker's little finger provided him many years of functional use of his right hand. Subsequently, the worker lost functionality in this finger and the worker's useful hand function was dramatically reduced. The Vice-Chair noted that although the worker's little finger was not amputated, the immobility in the worker's little finger joints may be rated as though the little finger was amputated. This is in keeping with the guidance provided in OPM Document No. 18-07-02.Further, as noted in Decision No. 1289/08, an enhancement factor is appropriate in certain circumstances. When a worker has injuries to one or more areas, there may be a synergistic effect on functionality. The Vice-Chair found there was a cumulative synergistic effect from the worker losing the function in his little finger. As noted above, after this loss of function, the worker experienced a dramatic loss of hand function. The Vice-Chair concluded that an enhancement factor of 1.2% to recognize the synergistic cumulative loss to the worker's functionality was appropriate. This resulted in a 35% total PD award for the worker's right hand. The clinical evidence demonstrated the worker's functional loss of his right little finger as of January 21, 2019. The increase to the worker's PD award was payable as of that date. The worker's earliest redetermination for a PD award was therefore August 4, 2016, when the worker's psychological PD was increased. The Vice-Chair confirmed August 4, 2016 as the appropriate date from which to pay subsection 147(4) supplementary benefits.