Understanding and Managing the Increase in Chronic Claims and ...

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−16−Some of the principles elucidated in the Quattrocchi decision have been applied in other decisions 21where claimants have been diagnosed with Chronic Pain or Fibromyalgia subsequent to a motorvehicle accident.In the realm of workers’ compensation benefits, there have been significant strides with respectto recognizing claims made by workers disabled by Chronic Pain.21Elham Raymond and Halifax Insuarance Company (FSCO- A97-001629), March 8, 1999
−17−In the recent decision of Nova Scotia (Worker’s Compensation Board) v. Martin 22 , the SupremeCourt of Canada ruled that the exclusion of persons disabled by chronic pain from the usual worker’scompensation scheme violates s.15(1) of the Canadian Charter of Rights and Freedoms (the equalityprovision) 23 .The specific provision before the court was s.10 of the Nova Scotia Worker’s Compensation Act,S.N.S. 1994-95, c. 10, as amended, which denied full benefits to workers with chronic pain and onlypermitted access to limited benefits.In the introduction to his decision, Justice Charles Gonthier writes:Chronic pain syndrome and related medical conditions have emerged in recent yearsas one of the most difficult problems facing workers' compensation schemes inCanada and around the world. There is no authoritative definition of chronic pain. Itis, however, generally considered to be pain that persists beyond the normal healingtime for the underlying injury or is disproportionate to such injury, and whoseexistence is not supported by objective findings at the site of the injury under current2223Nova Scotia (Worker’s Compensation Board) v. Martin, [2003] S.C.J. No. 54S. 15, Canadian Charter of Rights and Freedoms, Constitution Act, 1982 (79),Enacted asSchedule B to the Canada Act 1982 (U.K.) 1982, c. 11, which came into force on April 17, 1982
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