POA Decision – 2002/10/16-08 – Recurrence of Disability
The Panel of Administrators approved amendments to the Board's policies on the adjudication of a claim involving a recurrence of a disability, as provided in policy items #1.00, #70.10, and #70.20 of the Rehabilitation Services & Claims Manual, Volume II. Policy item #1.00 was amended to remove the distinction between a deterioration of a permanent disability and a recurrence of a disability, and to clarify that application of section 35.1(8) of the Workers Compensation Act. Policy item #70.10 was amended to clarify that where a worker's wage rate was set before June 30, 2002, and a recurrence of disability occurs within three years, the worker's wage rate must be reset from a rate based on 75% of gross average earnings to a rate based on 90% of net average earnings. Policy item #70.20 was amended to clarify that where a worker's wage rate was set before June 30, 2002, and a recurrence of disability occurs after three years, the worker's wage rate at the time of injury must be reset, for comparison purposes, from a rate based on 75% of gross average earnings to a rate based on 90% of net average earnings. The amendments were effective as of October 16, 2002.