The New Brunswick Court of Appeal has confirmed that a workers compensation policy cannot simply replace the individualized reasoning of the Workers Compensation Appeals Tribunal. Sanda Knox had a longstanding chronic pain claim and was receiving hydromorphone. A dispute developed over whether the Workers Compensation Commission would continue funding the medication at the dosage supported in her case. The Commission relied on an opioid policy that included a dosage ceiling. Knox appealed to the Workers Compensation Appeals Tribunal and succeeded. The Tribunal found that strict reliance on the policy ceiling was not appropriate on the evidence before it. The later appeal to the Court of Appeal focused largely on what that WCAT decision required the Commission to do. The Court upheld the Tribunal’s result and supplemented the reasons to make the implementation obligation clear. The Commission remains responsible for administering medical aid under the workers compensation legislation. It also retains an important role in applying policies that promote consistent and safe decision making.
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