BOD Decision -2005/01/18-01 – Relief of Costs for a Pre-Existing Disease, Condition or Disability
At its meeting on January 18, 2005, the Board of Directors ("BOD") approved the retirement of Decision No. 271 of the Workers' Compensation Reporter. In addition, the BOD approved amendments to policies in Volume II of the Rehabilitation Services & Claims Manual ("RS&CM") dealing with relief of costs for employers where a worker's compensable disability is enhanced by reason of a pre-existing disease, condition or disability. The result was a consolidation of policy items #114.40A, #114.40B, #114.43, Decision No. 271 and the concepts of the policies set out in Panel of Administrators' Resolution No. 1998/04/23-03 Re: Section 39(1)(e) into a new policy item #114.40.
The new policy item #114.40 also:
- Includes updated terminology and definitions for a number of key concepts; and
- Clarifies and expands the criteria and process for determining when cost relief should be granted.
Further changes to the RS&CM include:
- Deleting policy item #114.50 and incorporating the principles from it into policy items #114.30 and #114.40.
- Amending policy items #114.30, #114.41 and #115.30 to update terminology and include appropriate cross-references.
The policy amendments took effect on March 1, 2005 and apply to all decisions on or after March 1, 2005.