Update on Non-Economic Loss (NEL) Reviews
Finally, the WSIB has acknowledged that they have been making illegal and inappropriate deductions to NELs based on preexisting conditions.
This stems from the preexisting condition policy enacted in 2012.
So, due to immense pressure from the compensation community, and the WSIAT overruling WSIB decisions, the WSIB will be reviewing and reassessing NELs.
According to the WSIB website:
- Starting December 15, 2017, the WSIB will no longer reduce benefits for people with an asymptomatic preexisting condition if it is non-measurable.
- The WSIB will also reconsider the approximately 4,500 decisions that were made between January 2012 and December 15, 2017 where there was a reduction because of an asymptomatic preexisting condition.
What does this mean to you?
If you received an NEL award after January 2012, which was reduced because of a preexisting condition, it is likely you will have your NEL determination reviewed.
Your current NEL will not be reduced by this process. But, for those that were inappropriately penalized for preexisting conditions, you may see an increase to your NEL determination.
Who does it apply to?
The WSIB is reviewing NEL decisions for two time periods:
- Decisions made from 2012 to October 2014 (Under former Policy 18-05-05 – Effect of Preexisting Impairment), and
- Decisions made from November 2014 to date (Under current Policy 18-05-03 Determining the Degree of Permanent Impairment).
What should you do?
The WSIB says it will notify you when/if it reviews your NEL before June 2018. If you believe, however, that your claim should be reviewed as a result of the clarification, either before or by June 2018, call WSIB at 1-800-387-0750.
When you contact the WSIB, have your eight-digit claim number ready.
Please note that even though the UFCW Workers Compensation office completed some of these claims, your UFCW Comp Rep may or may not still be considered your Representative. Therefore, we may not know if your review has been conducted, or what the outcome of any review is.
If you have questions or need help from our office, please contact the Worker’s Compensation Department at
- 519-658-0252 / 1-800-267-1977