The medical board establishes the degree of your disability according to a list of medical impairments that is defined in the National Insurance Regulations (List of examinations).
Next to each medical impairment on the list there is a defined percentage of disability that must be established.
For example:
If someone who was injured at work has a limitation of the cervical spine, the percentage of his disability will be determined according to one of the three definitions specified in Section 37 (5) on the list of medical impairments that relate to the cervical spine.
Limitation of movement in the cervical spine 37 (5).
(a) Slight 10%
(b) Moderate 20%
(c) Severe 30%
Establishing a degree of disability for two or more medical impairments
When the injured person has several medical impairments, the degree of disability is established according to a weighted calculation of disability percentages (and not by a simple addition of percentages).
For example:
20% for a back impairment
10% for a leg impairment
The weighted calculation:
20% (20% disability of the back out of a possible 100%)
+
8% (10% disability of the leg disability out of 80% - the percentage remaining after deduction of the 20% back disability out of a possible 100%)
Total: 28%
Increasing the degree of disability for an injured person who is unable to return to work (Regulation 15)
When a permanent degree of disability is established for an injured person, the board examines whether the disability he sustained from the work injury affects his ability to return to the work he performed before the injury and whether the disability caused a permanent decrease of more than 20% in his income.
In these cases, the board can increase the degree of permanent disability by up to 50% of the degree of disability that was established.
For example: If a 30% permanent disability was established, the board can increase the degree of disability up to 45%.
The decision on increasing the degree of disability under Regulation 15 is within the purview of the medical board. In certain cases, the board can accept the opinion of an “authorization board,” which includes a claims officer, a rehabilitation officer and a doctor.
In cases involving a medical disability of 20% or more, a copy of the "authorization board"s recommendations are sent to the examinee.
Establishing a degree of disability only for medical impairments caused by the work injury
The medical board deliberates and determines a degree of disability only for medical impairments that are caused by the work injury. Therefore, if the injured person has medical impairments that preceded the accident, which are substantiated by medical documents, the board will reduce the degree of disability connected with the previous impairments.
For example: If the examinee had a slight spine impairment before the work injury, and he suffered a spinal injury at work, causing a severe impairment of the spine, the degree of his disability will be determined as follows:
Severe limitation of spinal movement - 30% disability
Slight limitation of spinal movement (from before the accident) - 10% disability
The board will deduct the disability that is not connected to the accident and a 20% disability will be established for the examinee.
At your disposition, a weighted disability degree calculator.
Temporary degree of disability
If the medical board ruled that the injured person's situation is not permanent and might change, it will determine for him a temporary degree of disability, for a one year period at the most. During this period, he will receive a pension according to his temporary degree of disability. At the end of the period, the insured will be summoned to another medical board.
Disability degree to "a needy disabled person"
An injured person for whom has been determined a degree of disability below 100%, and as result of his disability, he is not able to work in any kind of job and does not have any income from another activity, may be entitled to a temporary degree of disability at a rate of 100%. This degree will be established for a period of 4 months. To that effect, the insured must submit a claim for "a needy disabled person", and a decision will be made by the "authorization committee" composed by the claims officer, a rehabilitation worker and a doctor.