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1. Review all documents, gather information and ensure claim is assigned correctly
Review the information on the claim, get an understanding of the worker’s injury, their workplace environment and what they may need to assist them in their recovery. All new occupational illness or disease claims are adjudicated by the occupational disease team. If the claim is assigned to a physical injury team but it appears the injury is an occupational disease, re-assign the claim to the occupational disease team. If the worker has passed away, the occupational disease adjudicator determines if the worker had a compensable occupational disease and, if so, whether their death was due to the occupational disease. Refer to procedure 1-1 Step 1 for more information on what evidence should be reviewed to determine claim acceptance. In addition, for all occupational disease claims, consider the following: - If the worker has passed away, is there a confirmed date of death and a contact person for the estate? Is there a copy of the will? If so, ask for the first and last page of the will that names the executor and has the signature of the worker.
- The worker’s employment history to determine whether there was a workplace exposure and when it occurred.
- Description of how and when the worker was exposed to a workplace health hazard while working.
- If the worker is retired and the reason for retirement.
Determine what information may still be required to make the entitlement decision and anticipate questions that may arise during the initial conversations with the worker and employer (see step #2 for more details about this conversation). Some claim-specific exceptions or special circumstances may require further consideration to make a decision, such as if: - The accident or exposure occurred outside of Alberta.
- The worker’s accident or exposure occurred in Alberta, but their permanent residence is in another province.
- The claim was not reported within 24 months of the accident or date of initial medical attention.
Refer to the Claim-specific circumstances section in the 1-1 Initial entitlement decision procedure for additional information. Make sure the claim is assigned (charged) to the correct employer account.
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Administrative tasks
When required contact the supervisor of the occupational disease team for clarification on what qualifies as an occupational disease claim and whether it should be transferred to the occupational disease team to determine entitlement. If the file was not originally assigned to an occupational disease adjudicator complete a transfer file note and send it to the E40 assign desk. If a claim needs to be assigned (charged) to another account or industry, do not auto assign the claim. Instead, send a task to the Claims Charging, Working Desk. See the- Occupational injury and disease – claim charging section.
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2. Contact the worker and employer and health care provider(s) and request any missing reporting
Contact the worker, employer and health care provider as needed. In some cases, communication with other parties, such as a union representative, worker or employer representative(s) and/or family members may be necessary. Arrange an interpreter to assist with communication, if required. If the worker has passed away, contact the dependent spouseSpouse: the husband or wife of a married person (from Policy 04-08, Part I). , dependent adult interdependent partnerAdult interdependent partner: as defined in the Adult Interdependent Relationships Act., or next of kin. Confirm: - The status of any dependents (i.e., was the worker married, did they have an adult interdependent partner, did they have any children, etc.).
- The date the worker passed away and relevant details about the worker’s death.
- if the worker had a will and, if so, the executor of the estate.
Before contacting the employer by phone, consider: - If the worker is currently employed, contact by phone should be made with the current employer.
- If the worker’s occupational disease may have been due to exposure from employment with multiple employers, only the DOA employer has a direct interest in the claim and should be informed of any claim information such as entitlement decisions, details about the occupational disease, etc.
Refer to procedure 1-1 Step 2 for more general questions to ask the worker, employer and health care provider. Additionally, inform the worker and employer about the WCB Fact Sheets, which provide information about some types of occupational disease claims. Refer to the General tab for links. In addition to those general questions, additional questions should be asked based on the type of occupational disease that has been diagnosed refer to additional questions to ask the worker depending on the illness or disease section for specific questions. Send a letter requesting any missing information and explaining why it is required. If the worker has not responded within 2 weeks for a specific accident or within 30 days for a progressive claim, send another letter. If the worker has been employed through a union, obtain a letter from the union to provide a history of employment. If the worker is missing time from work and indicates they are experiencing financial difficulties as a result, first consult with a supervisor to discuss the 1-4 Benefits during a medical investigation procedure. If the worker indicates they cannot provide a work history, discuss options for obtaining information about their employment history. See the Obtaining a work history section. If the worker is deceased send the appropriate condolence letter. Request any other missing information identified in Step 1.
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Administrative tasks
Add a file note (contact) documenting the discussions with the worker, employer and/or service provider. Request any missing information by sending any that apply: Note: some of these forms may need to be completed over the phone or in person with the worker depending on the severity of their condition. If the worker is deceased: - Send out a condolence/intro letter (GE400G or GE400S) to the estate or executor with the appropriate forms and/or request:
- Tax information for their last year of employment. The dependent spouse, dependent adult independent partner, or executor of the estate can obtain an A T1 General from the Canada Revenue Agency for the last full year the worker worked.
- Medical death certificate/autopsy when appropriate.
- Send a file note to the Address Book, Team Desk to update the address to the “Estate of”.
- Send a file note to the case assistant to collect vital statistics including the death certificate and medical examiner reporting, including an autopsy if one was done. For information about autopsies, see the Autopsies section.
- Click on the fatality button and enter the date of death in “pending” status.
- Refer to PARP procedure 4.17 for next steps.
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3. Review the medical information and make referrals that are needed
Determine whether additional information is needed to make the entitlement decision. Expedite any diagnostic testing, if applicable upon receipt of the requisition. Consider appropriate referrals such as: - Industrial hygiene servicesAn industrial or occupational hygienist can complete a variety of testing at the worksite that is helpful in confirming the exposure such as air quality and ventilation, noise levels, industrial hygiene testing, analytical services to confirm exposures to chemicals, asbestos, silica, metals, biological monitoring, organics, and toxicology, etc. . Before requesting services, consult with the medical consultant, if needed, to ensure the appropriate survey or measurements are obtained.
- Any additional medical assessments or testing such as pulmonary function tests, allergy tests, Independent Medical Examination (IME), etc.
- Determine if there is an OH&S investigation and obtain the reporting.
- A claims investigation if additional assistance is required to obtain information about past exposures. See Procedure 11-5 Claims entitlement investigation unit referrals.
When a medical investigation (e.g., Independent Medical Examination (IME), referral to a specialist, etc.) is needed to determine whether the claim is compensable, determine whether the worker is eligible for benefits during the medical investigation. Refer to the 1-4 Benefits during a medical investigation procedure and continue to the next step once the medical investigation is complete. Contact the worker to discuss any referrals for appointments. Determine whether an opinion from a medical consultant is required. For non-lung cancer/dermatitis/chemical exposures injuries and related fatalities refer to an occupational medicine specialist. For respiratory/cardiac conditions and related fatalities refer claims to a pulmonary specialist.
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Administrative tasks
To arrange for an industrial hygiene assessment, contact a provider. Refer to the Procedure Resource Library for the provider list. WCB does not have a formal contract with these providers so rates may vary according to the provider's regular rates. Add a file note worker/contact documenting the discussion with the worker. Obtain OH&S reporting by emailing JET.OHS-IRU@gov.ab.ca. Follow the appropriate procedure and send the FM008 specific to occupational medicine or pulmonary specialist: Note: When the referral to a medical consultant should be completed send the task to the Pink Marf Team Desk. and advise if the referral should be completed by a pulmonary specialist or an occupational medicine specialist.
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4. Make the initial entitlement decision
Review all information on the file and determine if the claim is compensable, based on related policy and legislation. When making the entitlement decision, consider if a statutory presumption applies for the occupational disease that has been diagnosed or because of the worker’s occupation. If a statutory presumption does not apply: - Determine the standard of causation that should be used (that is, whether the “but for” test should be used or if the decision should be based on whether work made a material contribution to the development of the occupational disease).
- Whether additional criteria for acceptance of the occupational disease are identified in Policy 03-01, Part II, Applications 3 and 4, if a statutory presumption does not apply.
See the Key Information section for more details about the presumptions, the “but for” test, and material contribution, as well as the information about specific occupational diseases in the Supporting information section. If the worker has passed away and the occupational disease is compensable, refer to PARP 4.17. Once a decision is made on whether the worker’s occupational disease and/or death is compensable, a decision on both the occupational disease and death has been communicated, and decisions about eligibility for benefits for any dependent(s) have been made under the other procedure, return to Step 7 of this procedure to review for cost relief for the occupational disease. If the claim is accepted: - Ensure the date of accident (DOA) on the claim is correct. If not, correct the DOA.
- Approve medical aid and device payments and authorize any necessary medical treatment and appliances.
- Determine if the medical consultant already rated the worker’s PCI, go to step 8 to determine if the worker is eligible for a non-economic payment (NELP) or permanent partial disability (PPD) then proceed to the next step.
When: - There is not enough information to make an entitlement decision, repeat steps 1 through 3 until there is enough information to make the decision. If the worker is missing time from work, consider if a medical investigation is required. Discuss with a supervisor and review Procedure 1-4 Benefits during a medical investigation.
- A decision cannot be made because contact with the worker, dependent spouse, adult interdependent partner and/or dependent children and/or employer has not been possible and information from them is needed, send a letter explaining what information is needed and why a decision cannot be made. Request contact with the worker, dependent spouse, adult interdependent partner and/or dependent children and/or employer. The claim may be monitored by a case assistant while awaiting contact. Note: If a decision can be made without contact, proceed with making the decision after making two attempts to reach the worker, dependent spouse, adult interdependent partner and/or dependent children and/or employer.
- The medical evidence supports the worker has a pre-existing condition in the same body part/organ/body system involved in the accident/exposure, and it is unclear if the accident affected the pre-existing condition, refer to the 1-6 Aggravation of a pre-existing condition decision procedure. Return to this step once a decision is made.
Workers may also develop a sequela of an occupational diseaseA condition which is the consequence of a previous disease or injury. and should be adjusted under the same presumption. For example, if a worker has silicosis that we have accepted under s.24(6) presumption, then they develop cancer that is known to be caused by silicosis, the medical evidence supports that the sequela is related to the compensable condition and should be accepted under the presumption.
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Administrative tasks
Document the following in a file note (Entitlement Decision): - The decision to accept or deny.
- The medical used to assess the occupational disease.
- If accepted- the benefits the worker is entitled to and the appliances that have been approved.
When accepting a diagnosis of asbestos: - The system will send a new task to the Asbestos, Project Desk. Claim owner will need to double check that it was triggered.
If the occupational disease occurred due to exposure over time, the DOA is the date of first medical reporting. See Policy 03-01, Part I, Section 2.0. Complete the following: - Update the required eCO screens. Refer to the internal Procedures Resource Library for more information.
- Update the screens as new information is received on the claim.
- The Return-to-work screen for time loss claims when the worker has returned to modified work.
- Authorize medical treatment by adding the Authorized Treatment line and complete the Benefit Details tab if required.
- Add or update the appropriate lines to authorize other expenses or benefits as required such as medications or travel.
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5. Set the rate for wage replacement and/or top up benefits and issue payment
If the worker has not missed any time from work proceed to Step 6. If the worker has missed time from work set the compensation rate. Rates are based on the workers: - Employment status (permanent, non-permanent, personal coverage, owner-operator, subcontractor)
- Date of hire and history with the employer for the past 12 months
- Shift cycle
- Hourly rate of pay
- Overtime, vacation pay and shift premiums
- Additional income from other employers, if applicable
Refer to Procedure 2-1 Rate Setting for additional information on how to set a compensation rate. If the employer does not provide earnings information in a timely manner, set a provisional compensation rateA provisional rate is a temporary rate that is set to ensure benefits are paid in a timely manner. Once the worker's earnings are verified, using their T1 tax return, the rate is adjusted as required. using the information the worker submitted about their earnings. Once the rate is set, communicate with the worker and confirm how and when they would like to receive wage replacement benefits. If the employer continues to pay the worker wages/salary the wage replacement benefits may be paid on assignmentWhen an employer keeps a worker on pay while they are missing time from work, WCB issues benefits to the employer instead of the worker. See policy 04-09, Part II, Application 1. to the employer.
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Administrative tasks
Refer to the WCB as first payer document in the internal Procedures Resource Library.
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6. Communicate the outcome/decision
Call the worker to communicate the decision and next steps. If the worker is still employed, also call the DOA employer to communicate the decision and next steps. Do not communicate the outcome/decision to any employer who is not the DOA employer. Clearly express the rationale used to reach the decision (citing policy, medical information on the file, any important background information). If the worker or employer disagrees with the decision, consider whether their concerns require further review. If not, explain why the decision is unchanged. When the claim is: - Accepted, outline their eligibility for medical aid etc. and next steps for treatment (if any), return-to-work details (if applicable) and plans for follow-up conversations. Offer additional services if eligible.
If the worker has missed time from work, explain how their rate has been set and when wage replacement benefits will be paid. Include the option to receive payment through direct deposit.
If the worker has concerns about how their rate was set, request that they submit any evidence they may have, such as paystubs, tax returns, etc. or follow up with the employer about these concerns. - Denied, clearly express the rationale used to reach the decision (citing policy, medical information on the file, any important background information, etc.). Discuss additional resources that may be available to the worker as they recover such as Employment Insurance benefits, long-term sick leave through Canada Pension Plan or sick benefits through an employer plan as well as organizations that help pay for hearing aids. When appropriate, offer assistance from WCB’s Community Support Program, which can connect workers with various agencies and organizations across the province for additional support outside of the workers’ compensation system.
Send the appropriate letter explaining the decision and confirming the details of the discussions as outlined above. If the medical consultant or audiology consultant already rated the worker’s PCI, include the decision about the worker’s entitlement to a NELP or PPD in the letter. See Step 8.
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Administrative tasks
Add a contact file note outlining the discussion Send one of the following: - CL041A- IED accept and close
- CL026I- Occupational disease denial- no injury or accident- DO NOT CC Ins and Ins Rep
- CL026H- Skin Denial- no occupational hazard
- Cl041L-IED determined, comprehensive
- GE00R- Fatal cardiac
- note: if using this letter send out the AD00J letter to the employer
- GE400Z- denial non-cardiac claim
Send initial entitlement decision denial letters to the worker only. For claims that are due to exposure with one employer, the system will automatically send the date-of-accident employer or their representative another version of the letter that omits the worker’s personal information.
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7. Manage, transfer or inactivate the claim
Manage the claim: If the worker is missing time from work or performing modified duties, continue to keep in contact with the worker every two weeks and the employer every six weeks, or as soon as the worker has achieved the ability to return to either modified or full work in order to assist with facilitating their return to work. Together, discuss the worker’s progress, evaluate their fitness for work, and modified work opportunities. Also, issue the appropriate benefits and arrange services as required. If the claim will be transferred to a case assistant for ongoing monitoring, then contact the worker and explain the reason for the transfer. Transfer the claim: If the worker is missing time from work or performing modified duties, the claim may need to be transferred to another staff member for longer term or complex care cases. Call the worker and employer and explain the reason for the transfer and discuss any related referrals, if applicable. Ask the worker how they’re recovering and assess whether they require additional referrals or support. Confirm with them that all of the information on their file is up to date. Provide the worker and employer with the name and telephone number of their new contact and send a follow-up letter. Confirm with the worker that they will hear from their new contact within five business days. A Case Manager will then review for cost relief Determine whether any cost relief should be applied as a result of the type of compensable occupational disease. For: - Cost relief for respiratory claims, see Policy 05-02, Part II, Application 2, Question 3.
- Cost relief for asbestosis claims, see Policy 05-02, Part II, Application 2, Question 4.
- Cost relief for cardiac claims, see Policy 05-02, Part II, Application 2, Question 5 and the NELP enhancement factor when a compensable lung condition affects a non-compensable heart disease (cardiac enhancement factor).
- For cost relief for immunization reactions, see Policy 05-02, Part II, Application 2, Question 6.
- For cost relief for other types of occupational disease claims, see Policy 05-02, Part II, Application 2, Question 7.
Inactivate the claim: If the worker did not miss any time from work or has already returned to their job, the claim can be inactivated. Call the worker and employer to communicate the closure of the claim and ensure all benefits have been paid. Confirm what ongoing benefits are approved and if any additional assessments or treatment are planned or anticipated. Let the worker know that their file can also be re-opened at any time in the future if there are any concerns or additional information related to their claim.
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Administrative tasks
Follow the appropriate procedure: If a new entitlement decision is made, add a file note (Entitlement Decision) and document the decision. Add a file note (Contact/Claimant or Employer or Modified Work/Employer or Claimant) documenting the discussions. Add/Update eCO lines as needed. Update eCO screens and add a transfer file note, if applicable. If contact with the worker or employer was unsuccessful, send the CL054A letter to advise of the claim transfer. Once fitness for work has been determined, send the appropriate fit for work letter in the CL041 series. Otherwise, send a Care Plan Conclusion (CL041E) letter as required. See procedure 12-1 Cost relief and cost transfer
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8. Review for permanent clinical impairment (PCI) assessment
Ensure all investigation reports are requested and obtained prior to referral to the medical consultant for PCI and follow procedure 6-1 Permanent Clinical Impairment. If the worker has a PCI rating of 0.4% or more and their DOA was on or after January 1, 1995, they are eligible for a NELP. If the worker has a PCI rating and their DOA was prior to January 1, 1995, they are eligible for a PPD benefit. To pay a PPD: - Set the compensation rate if a rate was not already set in step 5. Refer to the Rate setting procedure for information on how to set the compensation rate.
Note: Rates are typically set based on the worker’s earnings in the year prior to the DOA. However, given that occupational diseases are often not diagnosed until after a worker retires, the worker may not have been working in the year prior to the DOA. In that case, use the worker’s earnings for the year prior to the date of retirement. - See internal procedure 7.1-4 and follow steps 1-3 to have the PPD amount calculated, and the payment set up.
Once implemented call the worker and review the award. Advise them that this does not affect their coverage for medical aid and devices. Send a letter explaining the decision. The claim may be closed if no other action is required. Once implemented call the worker and/or estate and review the award.
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Administrative tasks
The PPD effective date for occupational disease claims is the day after the DOA. Send appropriate letter from the CL100 series outlining the details of the PCI.
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