A. Rivet

The worker appealed a decision denying entitlement to Chronic Pain Disability (CPD) following a workplace slip and fall injury.

The Appeals Resolution Officer found that while the worker experienced ongoing pain, the workplace injury was not a significant contributor.

Non-compensable conditions, including a subsequent motor vehicle accident and pre-existing degenerative disc disease, were the primary causes of the pain.

Furthermore, the worker's pain behaviors were inconsistent, and there was no consistent marked life disruption.

The appeal was dismissed and CPD entitlement was denied.

The objector, MPS Company, appealed a decision that transferred only 50% of a worker's claim costs to the respondent, MC Company.

The worker, an employee of MPS on a temporary assignment at MC, suffered a finger injury while operating a machine without a proper guard.

The Appeals Resolution Officer found that MC was negligent by failing to ensure the machine guard was in place and by failing to provide adequate training on machine operation and safety procedures.

The objection was allowed, and 100% of the claim costs were transferred from MPS to MC.

The worker appealed decisions regarding his Non Economic Loss (NEL) benefit quantum, the suitability of his Suitable Occupation (SO) as an accounting clerk, and a Future Economic Loss (FEL) benefit redetermination.

The worker suffered a compensable lower back strain in 1996 and later developed non-compensable conditions including plantar fasciitis and small fiber neuropathy.

The Appeals Resolution Officer found that the 7% reduction to the NEL rating for pre-existing conditions was correctly applied, resulting in a 20% total NEL.

The SO of accounting clerk remained suitable as the worker's inability to work was primarily due to non-compensable conditions.

Finally, the minor deterioration in the compensable condition did not warrant a FEL redetermination.

The appeal was denied.

The worker appealed a decision denying a Non-Economic Loss (NEL) redetermination for a lower back strain injury.

The worker argued that their condition had significantly deteriorated.

The Appeals Resolution Officer found that while the worker had decreased range of motion and increased pain, medical evidence attributed these changes to pre-existing degenerative disc disease rather than the compensable lower back strain.

As the deterioration was caused by a pre-existing condition unrelated to the claim, the appeal was dismissed and the NEL redetermination was denied.