Policy
A claim for a recurrence of a compensable injury is accepted when 1) there is no new accident and 2) there is medical compatibility or a combination of medical compatibility and continuity between the original compensable injury or disease and the worker’s current condition.
A reopening for planned medical interventions related to the original compensable condition is treated as a continuation of the initial period of disablement and not as a recurrence.
When a claim is accepted as a recurrence, the costs are charged to the original accident employer.
Interpretation
Workers’ Compensation Act (RSNB 1973, c W-13)
34(1), 34(2), 34(4), 38.101(1), 38.101(2), 38.11(1), 38.11(2)
Case Law
Derek Green v. The Workplace Health, Safety and Compensation Commission (New Brunswick Court of Appeal, 1997)
Case Law
Derek Green v. The Workplace Health, Safety and Compensation Commission (New Brunswick Court of Appeal, 1997)
Accident – includes a wilful and intentional act, not being the act of a worker, and also includes a chance event occasioned by a physical or natural cause, as well as a disablement caused by an occupational disease and any other disablement arising out of and in the course of employment, but does not include the disablement of mental stress or a disablement caused by mental stress, other than as an acute reaction to a traumatic event (WC Act).
Evidence – information or things presented to prove a fact.
Preponderance of Evidence – it is more likely than not, based on the weight and strength of the evidence. (Adapted from Merriam-Webster Dictionary).
Recurrence – is the return or reactivation of the original compensable injury when there has been no new accident.
Reopening – is a known or planned future medical intervention for the original medical condition.