Under the authority of subsection 41(1) and section 43 of the Workers’ Compensation Act, WorkSafeNB may provide prostheses, orthoses, and assistive devices that:
WorkSafeNB may also repair or replace a worker’s pre-accident prosthesis, orthosis, or assistive device, on a one-time only basis, when it is damaged during a compensable workplace injury. Any repair or replacement is to a similar type and quality as the pre-accident prosthesis, orthosis, or assistive device. A prescription from a WorkSafeNB-approved healthcare provider is required for replacement.
On a more limited, case-by-case basis, WorkSafeNB may provide prostheses, orthoses, and assistive devices that indirectly support a worker’s rehabilitative goal by improving function through social or recreational activities. Approval is generally limited to one expenditure per claim.
WorkSafeNB pays for repair or replacement of prostheses, orthoses, and assistive devices due to:
Rehabilitative footwear, including inserts and foot orthoses, is addressed in Policy 25-008 Clothing.
1. Medically effective prostheses, orthoses, and assistive devices:
2. Before providing prostheses, orthoses, or assistive devices, a needs assessment is completed by a WorkSafeNB-approved healthcare provider with the expertise to determine:
3. An in-person assessment by a WorkSafeNB-approved healthcare provider may be required following the needs assessment, if not already completed, before approval of certain assistive devices (e.g., devices requiring modification to the home such as a tub or shower, hospital/adjustable beds, etc.).
4. WorkSafeNB determines if prostheses, orthoses, or assistive devices indirectly support the rehabilitative goal through social and recreational activities by considering whether the worker:
5. Following approval for the prosthesis, orthosis, or assistive device, including pre-approval for all necessary components, WorkSafeNB will reimburse the cost. Receipts are required.
6. Components of a prosthesis, orthosis, or assistive device in excess of what reasonably meets the need, or that add significant cost without adding function are not generally approved.
7. WorkSafeNB may approve assistive devices that require installation in the worker’s home. When this occurs WorkSafeNB will pay the cost of installation.
8. WorkSafeNB may approve assistive devices that require structural changes for workers who have severe long-term functional limitations. These structural changes are managed under Policy 21-403 Home Modifications to Assist with Functional Access.
9. Workers are responsible for the day-to-day care of their prostheses, orthoses, and assistive devices.
10. WorkSafeNB will consider, with the cooperation of the worker as required, any available warranty coverage before approving repair or replacement of a prosthesis, orthosis, or assistive device.
11. Before replacing orthoses or assistive devices, WorkSafeNB assesses whether the orthosis or assistive device remains necessary and continues to meet the criteria of medical effectiveness outlined in section 1.
12. WorkSafeNB may refuse to pay for repair or replacement of a prosthesis, orthosis, or assistive device if there is evidence that the worker has wilfully damaged or destroyed it.
Protheses, orthoses, and assistive devices, as outlined in this policy, are generally considered medical expenses and are not reportable on a T5007.
Other relevant legislation
118.2(2)(i)(i.1)(j)(k)(l.3)(m)
232(2), 232(4)(a)
Activities of daily living (ADL) – activities or tasks that a person does every day to maintain personal independence. Activities of daily living include personal care, mobility in and around the home, communication, and management of personal affairs.
Assistive devices – devices/aids that increase the worker’s ability to carry out activities of daily living and improve independence. These devices/aids provide an optimum level of independence and maximize function.
Healthcare provider – practitioner or facility, either within or outside the province, which delivers health care and related services.
Medical aid – includes medical, surgical and dental aid, hospital and skilled-nursing services, services of a registered chiropractor within their legal jurisdiction, artificial members and apparatus including the repair and replacement thereof, transportation, clothing allowances with respect to damage caused to clothing as a result of the use of an artificial apparatus or as a result of any accident, and such other treatment, services or attendance as are necessary as a result of any injury by accident. (Workers’ Compensation Act)
Orthosis – any device added to the body to stabilize or immobilize a body part, prevent deformity, protect against injury, or assist with function. (Taber's)
Prosthesis – a device that replaces a missing part by an artificial substitute, such as an artificial extremity. An artificial organ or part. (Taber's)
Rehabilitation – dynamic process, which enables disabled persons to function in their environment at an optimal level. This requires comprehensively planned care and service for the total person.