- Preexisting condition (depression)
- Second Injury and Enhancement Fund {SIEF} (severity of preexisting condition)
The issue in this appeal was whether the employer was entitled to SIEF cost relief, and if so, the percentage of SIEF cost relief. The worker was granted entitlement for a right ankle fracture and received a 4% non-economic loss (NEL) award.
The Vice-Chair denied the appeal.The accident was moderate in severity. As noted in Decision No. 2546/11, a fall on a slippery surface can raise an accident severity from minor to moderate. Slipping and falling on an icy, slippery surface makes it more likely that a person would strike the floor with some force in an uncontrolled manner.The employer submitted that the worker had pre-existing depression, which was a barrier to recovery from the ankle injury. Although Decision No. 2970/18 states pre-existing condition should be interpreted broadly, this does not remove the requirement for specific medical evidence demonstrating a nexus between the pre-existing issue and the compensable injury. The Vice-Chair found that the comments noting that the worker had pre-existing depression were more of an effort to continue to check on how the worker was doing with his depression. The Vice-Chair noted that this is a reasonable practice for any health care provider – to regularly check on mental health status, which can help ensure any concerning fluctuations (if any) are noticed and can be addressed. The medical evidence indicated that the worker's pre-existing depression remained stable post-injury, with some variability. It was noted that, at times, a person who has depression prior to an injury, will experience a worsening of their depression after the injury. Sometimes the worsening can be to quite an alarming degree. This did not expressly occur in this case. Thus, acknowledging the existence of the worker's depression was not the same as suggesting that the depression enhanced his recovery. The worker's depression was only listed as a "potential" barrier in the contemporaneous medical record. The worker's disability, treatment, and recovery were not enhanced. SIEF cost relief was denied.