A worker is considered to have experienced a recurrence of a compensable injury when:
When WorkSafeNB has established that the worker has experienced a recurrence of a compensable injury, the worker’s loss of earnings are determined in accordance with Policy 21-210 Determining Average Earnings.
The costs associated with a recurrence are charged to the same accident employer.
1. When considering whether the worker has experienced a recurrence of a compensable injury, WorkSafeNB will gather information and consider whether there was an event significant enough to meet the definition of accident. If so, the claim is classified as a new accident and adjudicated using Policy 21-100 Conditions for Entitlement – General Principles. In these instances, there is no requirement to determine medical compatibility and/or continuity.
2. When it has been established that there is no new accident, WorkSafeNB will consider any evidence of medical compatibility. Medical compatibility exists when there is objective medical evidence linking the current symptoms and the original compensable injury.
Objective medical evidence involves more than the same body part being affected and/or the worker experiencing the same symptoms as the original compensable injury. Medical compatibility is determined by weighing all evidence and making a determination based on a preponderance of evidence (see Policy 21-113 Decision-making).
3. In cases where the worker is experiencing symptoms after a long period of general improvement or stabilization, WorkSafeNB considers the potential impact of non-work-related factors on the worker’s current condition.
4. When the preponderance of evidence clearly establishes medical compatibility, there is no need to also establish continuity.
5. When medical compatibility is clearly not supported by the evidence, there is no need to also consider continuity because a clear lack of medical compatibility indicates that the situation is not a recurrence.
6. When there is some indication of medical compatibility, but it is not entirely clear, a combination of medical compatibility and continuity is considered.
7. Continuity is established when the worker has experienced ongoing symptoms, received additional or continued medical treatment, and/or has a permanent work restriction related to the compensable injury.
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 (Workers’ Compensation Act).
Evidence – information or things presented to prove a fact.
Preponderance of evidence – the most persuasive and impressive information on one side of a case that outweighs the information on the other side. A preponderance of evidence is not decided on the quantity of information alone, but on the significance and strength of the evidence as well.
Recurrence – the return or reactivation of disabling symptoms directly related to a previously accepted compensable injury (including primary, secondary, or subsequent injuries) when there has been no new accident.