W. D. Thomson

The worker objected to the denial of a redetermination of his non-economic loss (NEL) award for psychotraumatic disability resulting from a 1999 closed head injury.

The Appeals Resolution Officer reviewed the medical evidence, including a recent psychiatric report, and determined that while the worker's emotional disturbances may have deteriorated back to a moderate impairment level, it did not represent a significant deterioration beyond his current 35% NEL award.

The worker's condition did not meet the criteria for a marked impairment requiring constant supervision or confinement.

The objection was denied.

The employer objected to the denial of cost relief under the Second Injury and Enhancement Fund (SIEF) and the denial of a transfer of costs regarding a worker's motor vehicle accident claim.

The Appeals Resolution Officer found no evidence of a pre-existing condition to warrant SIEF relief.

The officer also found that the worker was entirely at fault for the accident, having failed to stop at a stop sign due to inclement weather, and that his actions did not constitute serious and wilful misconduct.

As the other driver was an innocent party, there was no basis to transfer costs to another Schedule 1 employer.

The employer's objection was denied.