Decision #133/03 - Type: Workers Compensation

Preamble

A non-oral file review was held on October 9, 2003, at the claimant's request.

Issue

Whether or not the permanent partial impairment award of $550 has been rated and calculated correctly.

Decision

That the permanent partial impairment award of $550 has been rated and calculated correctly.

Decision: Unanimous

Background

On March 19, 1998, the claimant sustained a work related injury to his left ring finger which required a revision amputation at the DIP joint. The claim was accepted by the Workers Compensation Board (WCB) and benefits were paid to the claimant during his absences from work. In late September 1998, the claimant returned to his regular work duties as a mechanic.

Subsequent file records revealed that the claimant underwent additional surgery to his left finger which included shortening of the bone by 8 mm on August 30, 2000.

On March 14, 2003, the claimant was examined by a WCB Impairment Awards Medical Advisor for the purposes of establishing a permanent partial impairment award for his left ring finger. Following the assessment, the medical advisor recommended 1.0% for cosmetic deformity and 2.4% for the amputation at the PIP joint, for a total of 3.4%.

On May 21, 2003, primary adjudication determined that the claimant was entitled to a 3.4% impairment award for his left ring finger which entitled him to a one-time payment of $550.00. The impairment award was calculated in accordance with Section 38(2) and 38(3) of The Workers Compensation Act (the Act). On June 16, 2003, the claimant appealed this decision to Review Office.

On June 27, 2003, the Review Office confirmed that the impairment award of $550.00 which was offered to the claimant was correct and appropriate. Review Office noted that this impairment rating accurately reflected the rating which the WCB's Permanent Impairment Rating Schedule established for this injury. It also noted that there was no impairment rating for pain and suffering. On August 11, 2003, the claimant disagreed with Review Office's decision and a non-oral file review was arranged.

Reasons

Section 60(2) of the Act provides exclusive jurisdiction to the WCB to determine the existence and degree of impairment by reason of any injury arising out of and in the course of employment. According to Section 38(1) of the Act, the WCB shall determine the degree of a worker's impairment expressed as a percentage of total impairment. Also, Section 4(9) allows the discretionary awarding of compensation in respect of an impairment that does not result in a loss of earning capacity.

An injured worker's permanent impairment is appraised by the Medical Services Department of the WCB when it conducts either a medical examination of the worker or by its reviewing the treating physician's medical reports. Certain factors are taken into consideration: loss of the particular part of the body; loss of mobility in the joints; loss of function of any body organs; and cosmetic deformity of the body. As some forms of impairment do not allow for exact measurement, it becomes necessary for the medical advisor to make a subjective judgement as to the degree of impairment.

It is also important to note that because pain is immeasurable, it does not become a component in the determination of whether a claimant qualifies for a permanent partial impairment award. For instance, a claimant who has complete and full range of motion of a shoulder following an injury to that shoulder would not be eligible for a permanent partial impairment award because of his continued experience of pain. Without a loss of range of motion or function of body part, the WCB will not authorize a permanent partial impairment award based on pain alone.

In appropriate cases, WCB Impairment Award medical advisors, for purposes of determining a cosmetic impairment rating, will review photographs of an injured worker's operative scars. Certain criteria are employed when deciding on a cosmetic impairment. Some of the factors considered when reviewing scarring include location of scar, form, multiple sites, texture, colour etc. Photographs are taken of the scarring and they are then reviewed independently by three medical advisors. A portfolio of photographs is also maintained at the WCB for purposes of comparing similarity and ensuring consistency.

When determining a permanent partial impairment award, the WCB relies upon a permanent impairment rating schedule adopted by the Board of Directors. The schedule provides in part:

"Permanent impairment is evaluated by conducting a medical examination of the worker or by reviewing the medical history documented on file as described in the policy statement. Evaluation of a permanent impairment is made when treatment has been completed or when, in the opinion of the Board's physician, the medical condition has stabilized and no further improvement is expected. The timing of the evaluation, therefore, varies according to the individual circumstances."

As the background notes indicate, the claimant severed the tip of his ring finger on his left hand, which necessitated a surgical revision amputation at the level of the DIP joint on March 31, 1998 and additional surgery to the finger on August 30, 2000. A WCB Impairment Awards medical advisor assessed the claimant's permanent partial impairment on March 14th, 2003. In accordance with the permanent impairment rating schedule, the medical advisor determined that the claimant would be entitled to 2.4% for the amputation of the left ring finger at the PIP joint and an additional 1% for the cosmetic disfigurement of the finger for a total rating of 3.4%.

Section 38(2) of the Act prescribes that where an impairment is determined to be 1% or greater but less than 5% then a lump sum award of $550.00 is payable. We have reviewed the calculation of the claimant's permanent partial impairment rating and find that it (i.e., 3.4%) has been correctly calculated in accordance with the permanent impairment rating schedule. We further find that the impairment award of $550.00 provided to the worker with respect to his left ring finger injury is correct. Accordingly, the claimant's appeal is hereby dismissed.

Panel Members

R. W. MacNeil, Presiding Officer
A. Finkel, Commissioner
M. Day, Commissioner

Recording Secretary, B. Miller

R.W. MacNeil - Presiding Officer
(on behalf of the panel)

Signed at Winnipeg this 21st day of November, 2003

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