- Unless WorkSafeBC has explicitly accepted a physical or psychological condition in a decision letter, you will likely not receive compensation (a permanent disability award).
- Objective findings diagnosed and documents on CT scans and MRI’s will not be compensated by WorkSafeBC unless you receive a decision letter explicitly accepting such findings as permanent conditions.
- Your psychological disability (i.e. PTSD, Major Depressive Disorder, etc.) will not be compensated unless the precise psychological diagnosis, as diagnosed by your psychologist or psychiatrist, is accepted as a permanent condition. Quite often, MDD and PTSD are not explicitly accepted as permanent conditions and, instead, an alternate diagnosis (such as Adjustment Disorder) is accepted instead. The reason for this is because awards for MDD and PTSD are greater than awards for other psychological conditions.
- Read each and every decision letter sent to you (line by line, word by word). If the standard appeal lines in a decision letter from WorkSafeBC include: “If you disagree with this decision, you can ask the Review Division to review it. You must apply for a review within 90 days of the date of this decision,” there is likely a reason to appeal it!
Be aware of the following terms in WorkSafeBC decision letters:
- Your claim has been accepted for…
- The following permanent conditions are accepted under your claim…
- No other condition (temporary or permanent) is accepted.
- No limitations or restrictions are accepted.
- It is not anticipated that any permanent impairment will result.
- Your file will not be referred to the Disability Awards department.
- You have been deemed fit to return to work without any limitations or restrictions.
- Your condition has resolved.
- You have a significant pre-existing condition. No aggravation of your pre-existing condition is accepted.
- Your file has been reviewed by our Medical Advisor…I have accepted the Medical Advisor’s opinion…your claim is denied.
- There is no convincing evidence of…
- Your “chronic pain” is accepted. Your file will be referred to the Disability Awards department for chronic pain. (This means that WorkSafeBC has quantified your disability as 2.5% out of 100% and that any and all objective signs of medical disability will be ignored.)
For further information or if you would like to schedule a free consultation, please call our office at (604) 591-8187 or visit our website at www.wcblawyers.com
