Is there a bar to recovery of a functional impairment award that is due to specific chronic pain?
British Columbia, Canada
The following excerpt is from WCAT-2013-01546 (Re), 2013 CanLII 36603 (BC WCAT):
It is not a bar to recovery of a functional impairment award that a functional impairment is due to specific chronic pain. The case of Jozipovic v. Workers’ Compensation Appeal Tribunal 2011 BCSC 329, established that a range of motion limitation, for example, caused by specific chronic pain, may be compensable in itself as well as the chronic pain award. The court, in that case, noted that section 23(1) of the Act provided that compensation should be paid to a worker who has a functional impairment, even if that functional impairment is related to pain. In that case the pain was specific chronic pain.
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