The Appeal CommissionThe Workers Compensation Act of Manitoba

Preamble

The worker appealed the Workers Compensation Board ("WCB") decision that their permanent partial impairment rating of 17% and related award of $27,200.00 for their compensable left eye injury is correct. The appeal panel considered the worker's appeal in a file review held on July 30, 2026.

Issue

Is the permanent partial impairment rating of 17% and award of $27,200.00 for the left eye injury correct?

Decision

The permanent partial impairment rating of 17% and award of $27,200.00 for the left eye injury is correct.

Background

The WCB accepted the worker's claim of injury to their left eye that occurred as a result of an accident work on February 24, 2023. Treatment of the injury initially included surgery on the ruptured globe with corneal scleral laceration of the worker's left eye as well as the full thickness left upper eyelid laceration. Further surgery took place on October 17, 2023.

By April 25, 2024, the treating ophthalmologist outlined long-term work restrictions due to loss of stereoscopic vision and poor depth perception which included avoiding work where depth perception is important when using heavy machinery or heavy equipment. After discussions between the WCB, the worker and the employer, the WCB advised the employer of an additional restriction that the worker was required to wear UV blocking sunglasses, and the employer advised it could accommodate the worker. The worker subsequently advised the WCB that they were experiencing psychological difficulties. Following a call-in examination with a WCB psychological advisor, further workplace restrictions were established, and the employer advised they could no longer accommodate the worker. As a result, the WCB referred the worker for vocational rehabilitation services.

On November 12, 2025, a WCB medical advisor reviewed the worker's file, and provided an opinion that the workplace accident rendered the worker functionally blind in their left eye. The medical advisor also noted the worker was likely at maximum medical improvement in relation to the left eye injury, as it was unlikely the worker would regain their vision with further treatment.

At the request of the WCB, the worker attended a call-in examination on March 5, 2026 to determine their eligibility for a permanent partial impairment ("PPI") rating and award. After examining the worker and reviewing photographs of the worker's face, the WCB medical advisor concluded the worker was entitled to a 1% rating for disfigurement related to the loss of symmetry between the appearance of their eyes. With respect to the loss of vision in the left eye, the advisor concluded the worker was entitled to a rating of 16%. This resulted in a total PPI rating of 17%. On March 23, 2026, the WCB advised the worker of this PPI rating and their entitlement to a PPI award of $27,200.00.

On April 10, 2026, the worker requested Review Office reconsider the WCB's decision, outlining that they lost vision in one eye and experienced chronic pain in that eye as a result of the workplace accident, and therefore believed they should be entitled to a higher rating and award. Review Office determined on April 20, 2026 that the PPI rating of 17% and award of $27,200.00 was correct.

The worker appealed to the Appeal Commission on May 5, 2026 and a file review was arranged.

Reasons

Applicable Legislation and Policy

The provisions of The Workers Compensation Act (the “Act”) in effect as of the date of the accident apply to the worker’s appeal. The Act provides in s 4(1) that the WCB shall pay compensation when a worker sustains personal injury by accident arising out of and in the course of the employment. Section 37 of the Act outlines that such compensation includes an impairment award and s 38 provides that the WCB “…shall determine the degree of a worker's impairment expressed as a percentage of total impairment” and pay the worker a lump sum impairment award calculated as set out in s 38(2).

The WCB Adjustment in Compensation Tables provide that an award made in respect of a permanent impairment arising out of an injury sustained in 2023 will be $1,600 per each full percentage point of that impairment rating.

The WCB’s Policy 44.90.10, Permanent Impairment Rating (the "Policy”) describes the process for calculating permanent impairment ratings. The Policy provides that the WCB's Healthcare Services Department establishes the degree of impairment according to the Policy, and that whenever possible and reasonable, impairment ratings are calculated strictly according to Schedule A of the Policy. The Policy notes that PPI awards are not related to loss of earning capacity and are not a proxy for loss of earning capacity but represent the percentage of impairment as relates to the whole body.

Schedule A defines an impairment as “…a significant deviation, loss, or loss of use of any body structure or body function in a person with a workplace injury or occupational disease” and notes that an impairment is considered permanent when, in the opinion of the WCB, the condition to be rated has reached maximum medical improvement (“MMI”). Schedule A provides that permanent impairment from a workplace injury is evaluated for the following deficits: 

• loss of a part of the body; 

• loss of mobility of a joint(s); 

• loss of function of any organ(s) of the body identified in the Schedule; and 

• cosmetic disfigurement of the body.

Table 13-5 to Schedule A of the Policy sets out the PPI ratings concerning loss of vision in one eye or both after correction. For cosmetic disfigurement ratings, Schedule A sets out that:

“Disfigurement is an altered or abnormal appearance. This may be an alteration of color, shape, or structure, or a combination of these. The rating for disfigurement…is determined on a judgmental basis…. In order to maintain consistency in ratings for disfigurement, and to make the ratings as objective as possible, the WCB will make reference to a folio of disfigurement ratings established in previous cases.”

Worker's Position

The worker set out their position in a letter to the Appeal Commission dated July 16, 2026. The worker's position is that the impact of their left eye loss of vision is permanent and irreversible, and daily limits their independence, safety and quality of life. The worker described the personal impacts of the loss of eyesight, daily pain and limitations, noting there have been financial and emotional consequences. The worker described ongoing headaches, sleep difficulties, loss of confidence, anxiety and fear of the future. In short, the worker's position is that the assessment of their PPI in relation to the loss of vision does not adequately reflect the full extent of the permanent impairment resulting from the workplace injury. The worker requested that the appeal panel review and consider whether the WCB correctly applied the applicable Policy and took into account all relevant medical evidence and the impacts of the permanent visual impairment on them.

Employer's Position

The employer did not participate in the appeal.

Analysis

The question the panel must decide in this appeal arises from the WCB decision as to the extent of permanent impairment of the worker in relation to the left eye injury sustained in the workplace accident of February 24, 2023. For the worker's appeal to succeed, we would have to find that the WCB failed to correctly apply the provisions of the Act and applicable PPI Policy in determining the extent of the worker's impairments and in establishing the impairment award. As detailed in the reasons that follow, based on the evidence before us, the panel could not make such findings and therefore the worker's appeal is denied.

The panel noted the worker also sustained a psychological injury arising out of the workplace accident, which the WCB accepted as compensable, but that the WCB has not yet determined whether the worker has reached the point of maximum medical improvement in relation to that condition. Therefore, to date, the question of the worker's potential entitlement to any additional PPI rating and award in relation to the compensable psychological injury has not been adjudicated and the panel makes no findings in relation to the psychological aspect of the worker's impairment, if any.

The panel noted the worker's submission did not address the portion of the PPI rating and award assigned to the cosmetic disfigurement, nor the amount of the award itself. Nonetheless, in our consideration of the worker's appeal, the panel reviewed all aspects of the WCB decision including the ratings for the loss of vision and cosmetic disfigurement, as well as the award amount provided to the worker.

The panel reviewed the medical reports on file, including the notes from the WCB call in examination. We find the medical reporting supports the WCB's conclusion that the worker had reached a point of maximum medical improvement in relation to their left eye loss of vision and that it was appropriate to undertake an assessment of the degree of the worker's permanent partial impairment at this time. The panel considered the provisions of the Policy in relation to loss of vision in a single eye. We noted that Table 13-5 of Schedule A to the Policy outlines that the loss of vision in one eye equates to an impairment rating of 16%. While the worker submitted that other factors should also be considered in determining this rating, the panel is bound to apply the provisions of the Policy. Based on the Policy provisions and considering the medical reporting and WCB examination findings, we find that the appropriate PPI rating for the worker's left eye loss of vision is 16%.

The panel also reviewed the process undertaken by the WCB in determining and calculating the cosmetic impairment rating in relation to the worker's left eye, noting the photos indicate, as described by the WCB medical advisor, "…ptosis (drooping) of [the worker's] left upper eyelid with some abnormal appearance of [their] left eye." The panel noted the WCB medical advisor compared the images of the worker's face and left eye to the folio of images on file at the WCB, as is required by the Policy, and determined that the appropriate rating for disfigurement in relation to loss of symmetry between the worker's eyes equates to a rating of 1%. We accept and rely upon the WCB medical advisor's conclusion in this regard.

The panel is unable to find any flaw in the process and calculations of the worker's PPI rating undertaken by the WCB as described above. We are satisfied that the appropriate process was undertaken as required by the Policy, resulting in a combined total PPI rating of 17% in relation to the worker's loss of symmetry between the eyes and the left eye loss of vision. As noted above, there have been no assessments to date of the potential impairment rating in relation to the compensable psychological injury to the worker.

Based on this finding, the panel then considered whether the WCB correctly calculated the PPI award due to the worker. The applicable WCB Adjustment in Compensation Table outlines that for an accident that occurred in 2023, for each full percentage point of PPI rating, the worker is entitled to an award of $1,600. For a rating of 17%, therefore, the worker is entitled to an award of $27,200.

On the basis of the evidence before the panel, and applying the standard of a balance of probabilities, the panel is satisfied that the the WCB correctly applied the provisions of the Act and applicable PPI Policy in determining the extent of the worker's impairments, and that the correct rating for the permanent impairment to the worker's left vision and left eye appearance is 17% of whole body impairment, which amounts to an award of $27,200. The worker's appeal is therefore denied.

Panel Members

K. Dyck, Presiding Officer
J. Peterson, Commissioner
T. Burnside, Commissioner

Recording Secretary, J. Lee

K. Dyck - Presiding Officer
(on behalf of the panel)

Signed at Winnipeg this 13th day of August, 2026