Alerts - December 28, 2005

Precedent Panel Decision – WCAT's jurisdiction under over permanent disability awards for disability of the lumbar spine under section 239(2)(c) of the Workers Compensation Act (Act).

The issue for the precedent panel to determine was: does WCAT have jurisdiction only over the flexion component of the award because it is the only loss that has a range greater than 5% (the local range interpretation), or does WCAT have jurisdiction over the entire award because the range for the whole of the lumbar spine is greater than 5% ( the global range interpretation)?

The precedent panel finds that the global range interpretation is more consistent with the wording of section 23(1) and (2) of the Act, best fits with policy guidance in item #39.10 of the Rehabilitation Services and Claims Manual, Volume II regarding the manner in which the Permanent Disability Evaluation Schedule is intended to be applied, and best accords with the reasoning expressed by the core reviewer and the statements of the Minister regarding the intent of section 239(2)(c).

The full decision may be viewed by clicking on this link..