Non-economic loss where permanent impairment
42.(1) A worker who suffers permanent impairment as a result of an injury is entitled to receive compensation for non-economic loss in addition to any other benefit receivable under this Act. Compensation for non-economic loss (2) The compensation for a worker’s non-economic loss from an injury is determined by multiplying, (a) the percentage of the worker’s permanent impairment arising from the injury as determined by the Board; and (b) $45,000, (i) plus $1,000 for each year of age of the worker under forty-five years at the time of the injury, to a maximum of $20,000, or (ii) minus $1,000 for each year of age of the worker over forty-five years at the time of the injury, to a maximum of $20,000. Payment (3) If the compensation for non-economic loss is greater than $10,000, it shall be paid as a monthly payment for the life of the worker unless the worker elects to receive the compensation as a lump sum. Idem (4) If the compensation for non-economic loss is less than or equal to $10,000, it shall be paid as a lump sum. Determination by Board (5) The Board shall determine in accordance with the prescribed rating schedule and having regard to medical assessments conducted under this section the degree of a worker’s permanent impairment expressed as a percentage of total permanent impairment. Medical assessment (6) A medical practitioner who conducts a medical assessment under this section shall, (a) examine the worker; and (b) assess the extent of the worker’s permanent impairment, having regard to the existing and anticipated likely future consequences of the injury. Idem (7) In conducting a medical assessment, the medical practitioner shall consider any report by the treating physician of an injured worker. Idem (8) A medical practitioner shall promptly forward a copy of a medical assessment to the Board. Requirement for medical assessment (9) After maximum medical rehabilitation of an injured worker is achieved, a medical assessment of the worker shall be conducted. Selection of medical practitioner (10) The worker may select a medical practitioner from a roster provided by the Board who shall conduct the worker’s medical assessment. Idem (11) If a worker does not make a selection under subsection (10) within thirty days after the Board provides the worker with a roster of medical practitioners, a medical practitioner appointed by the Board shall conduct the medical assessment. Notification of worker and employer (12) The Board shall send a copy of a medical assessment conducted under subsection (9) to the worker and to the employer who employed the worker on the date of the injury. Request for second assessment (13) A worker, an employer or the Board may, within forty-five days after the medical assessment is sent under subsection (12), require a second medical assessment of the worker. Notice (14) A worker or an employer who requires a second medical assessment shall give notice thereof to the Board within the forty-five day period referred to in subsection (13). Selection of medical practitioner (15) If a second medical assessment is required, the Board shall provide the worker and the employer with a list of at least three medical practitioners selected from a roster, from among whom the worker and the employer, by agreement and within thirty days after receiving the list, may select a medical practitioner who shall conduct the medical assessment. Idem (16) If the worker and the employer fail to agree upon a medical practitioner to conduct the second medical assessment, the Board shall select a medical practitioner from a roster and, if possible, one who was not named on the list provided to the worker and the employer, and the medical practitioner selected shall conduct the medical assessment. Idem (17) If the Board considers it to be impractical to provide a list of medical practitioners under subsection (15) because of the nature of a worker’s impairment, the Board shall appoint such medical practitioner to conduct the second medical assessment as the Board considers appropriate. Notification of worker and employer (18) The Board shall send a copy of the second medical assessment to the worker and the employer. Board determination (19) The Board shall forthwith determine the degree of a worker’s permanent impairment, (a) after the expiry of the forty-five day period referred to in subsection (14) if a second medical assessment was not required; or (b) after it receives a copy of a second medical assessment if one was required. Notice (20) The Board shall give notice of its decision to the worker and the employer forthwith after determining the degree of a worker’s permanent impairment. Unanticipated deterioration (21) A worker may apply to the Board for a redetermination of the degree of the worker’s permanent impairment, (a) if the Board has determined that the worker has a permanent impairment; and (b) if the worker has suffered a significant deterioration of condition that was not anticipated at the time of the most recent medical assessment under this section. Redetermination (22) Subsections (5) to (20) apply to a redetermination as though it were an initial determination by the Board, with such modifications as the circumstances require. Time for applying (23) No worker may apply under subsection (21) until twelve months have elapsed from the most recent decision by the Board respecting the degree of permanent impairment of the worker. Roster of medical practitioners (24) The Lieutenant Governor in Council, on the recommendation of the Board, may establish one or more rosters of medical practitioners who are qualified to conduct medical assessments under this section. R.S.O. 1990, c. W.11, s. 42 (1-24). Remuneration of medical practitioners (25) A medical practitioner who conducts an assessment under this section shall be paid such sum for services and expenses as the president of the Board may determine. R.S.O. 1990, c. W.11, s. 42 (25); 1994, c. 24, s. 7. Application of subss. 76(3, 4) (26) Subsections 76(3) and (4) apply with necessary modifications to all medical practitioners who conduct medical assessments under this section. R.S.O. 1990, c. W.11, s. 42 (26).