- Second Injury and Enhancement Fund {SIEF} (severity of preexisting condition)
The worker tripped and fell forward while walking, striking his head on a door and left shoulder on the floor. He was granted entitlement for a concussion, neck, and shoulder strain and surgery, and was granted a NEL award of 12% for the shoulder. The employer appealed a decision of the Appeals Resolution Officer denying SIEF relief.
The appeal was allowed in part. The employer was entitled to SIEF cost relief of 50%. The worker had pre-existing degenerative arthritis and a type III acromion in his shoulder, which likely prolonged his recovery and enhanced his compensable condition. In determining the quantum of SIEF relief, Tribunal decisions have held that the cumulative effect of pre-existing conditions must be considered. However, this referred to the cumulative effect of pre-existing conditions in different areas of the body and/or psychological conditions. It was not appropriate for the pre-existing conditions in the worker's shoulder to be considered independently. The conditions were to be considered together. As the medical evidence indicated that these changes made the worker more than slightly but less than extremely liable to develop a disability of greater severity than a normal person, the pre-existing condition was moderate. The accident was moderate in severity as it would be expected to cause disability injury.