Decision No. 2132/18

DECISION NO. 2132/18

BEFORE: R.M.J. Hoare: Vice-Chair

HEARING: July 18, 2018 at Hamilton

DATE OF DECISION: October 9, 2018



[39] In evaluating the worker’s request for an increase in the NEL quantum, I find Dr. (Dory) Becker’s reporting as quoted within, to be persuasive and supportive of the worker’s request that the NEL quantum be increased. Her November 11, 2015 report sets out why the NEL quantum for PTD should be increased from the 25%.

[40] Tribunal case law in Decision No. 16/06 has found the following:

The assessment of the worker’s psychological impairment under the Board’s Rating Schedule requires a determination of the “best fit”. A worker may not exhibit all of the features in a particular class or at the upper or lower levels of the class. Some symptoms and features might fall under lower classes or at the lower end of the class while others may be at the high end of the class or at the lower end of a higher class.

[41] Given the reporting of Dr. (Dory) Becker quoted at length above on the four categories of functioning set out in OPM Document No. 18-05-11, “Assessing Permanent Impairment Due to Mental and Behavioural Disorders,” I conclude that a more appropriate rating for the worker’s PTD would be at the upper end of the Class 3 Moderate Impairment Category, based on the extensive reporting of Dr. (Dory) Becker and the related evaluating reports of the worker’s psychiatrist, Dr. Melnyk and the occupational therapist, K. Leonard…

…[49] Given the extensive evidence regarding the worker’s higher range of impairment, a NEL award with a quantum of 45% is awarded to the worker based on an evaluation that he is more properly rated at the high end of Class 3, Moderate Impairment as set out in the applicable policy.