A Meadows

The employer objected to decisions granting the worker entitlement for bilateral thumbs, wrists, hands, and elbows as gradual onset injuries, as well as a 10% Non-Economic Loss (NEL) award.

The Appeals Resolution Officer found that the worker's job duties as an offset press operator involved risk factors for repetitive strain injuries.

The officer upheld entitlement for bilateral thumb strain/sprain, exacerbation of pre-existing thumb osteoarthritis, and bilateral lateral epicondylitis, but denied entitlement for a bilateral wrist repetitive strain injury.

Consequently, the 10% NEL award was reduced to 8% to reflect the permanent impairment of the elbows only.

The employer objected to a Case Manager's decision granting the worker entitlement for a full-thickness rotator cuff tear and a partial-thickness tear of the infraspinatus following a workplace lifting incident.

The Appeals Resolution Officer reviewed the medical evidence, including a pre-accident ultrasound and post-accident MRI.

The Officer found that the full-thickness supraspinatus tear was pre-existing and did not progress as a result of the accident, thereby rescinding entitlement for that condition.

However, the Officer upheld entitlement for the partial-thickness infraspinatus tear, finding it was a new injury compatible with the mechanism of injury.

The employer's objection was allowed in part.

The worker appealed a decision denying loss of earnings (LOE) benefits for a low back strain injury.

The Appeals Resolution Officer found that the worker did not have clinical authorization to be off work on July 27, 2021, as they did not seek medical attention until August 16, 2021.

Furthermore, the medical evidence indicated the worker was capable of performing their pre-injury sedentary job duties, meaning suitable work was available.

The appeal was dismissed and the denial of LOE benefits was confirmed.

The employer appealed a decision granting the worker initial entitlement for a right knee strain.

The worker claimed to have slipped and twisted their knee at work, but continued working and did not seek medical attention for the injury until months later.

The Appeals Resolution Officer found significant discrepancies in the reporting of the injury and noted that contemporaneous medical records did not mention a workplace accident.

Concluding that proof of accident was not established, the Officer allowed the employer's objection and denied initial entitlement.

The worker appealed a decision denying initial entitlement for a low back injury allegedly sustained while operating a jackhammer.

The worker felt a minor pinch but continued working and did not report the injury or seek medical attention for several weeks, eventually being diagnosed with a disc herniation.

The Appeals Resolution Officer dismissed the appeal, finding that the significant delay in reporting the injury and seeking medical attention broke the chain of causation, and therefore proof of accident was not established.