B. Craddock

The worker objected to a decision denying ongoing entitlement for Durolane injections for a work-related right knee injury.

The Appeals Resolution Officer found that the injections provided significant symptomatic relief and helped the worker remain employed.

The officer rejected the external medical consultant's opinion that the treatment was for a pre-existing condition, noting a prior WSIAT decision had accepted the pre-existing condition was rendered symptomatic by the work injury.

The objection was granted, and ongoing entitlement for injections every six months was allowed.

The worker suffered a right knee injury at work in 2005 and subsequently underwent multiple surgeries, including a total knee replacement.

The Case Manager rescinded ongoing entitlement, concluding the surgeries were for a pre-existing degenerative condition.

The Appeals Resolution Officer granted the worker's objection, finding that the workplace injury was a significant contributing factor that caused the previously asymptomatic knee to become symptomatic.

Applying the thin skull principle, the WSIB concluded the worker was entitled to ongoing benefits and surgeries.

The worker, a housekeeping coordinator, appealed the denial of initial entitlement for bilateral foot injuries (posterior tibial tendon dysfunction and flat feet).

The worker claimed the condition was caused or aggravated by prolonged standing and walking at work.

The Appeals Resolution Officer found no evidence of an accident or that the employment significantly contributed to the condition.

The condition was deemed pre-existing and idiopathic, and there was no evidence it was objectively worsened by employment activities.

The appeal was dismissed.

The worker appealed a Case Manager's decision that he had fully recovered from a work-related low back injury, which had resulted in the retroactive termination of loss of earnings (LOE) benefits and a recoverable overpayment of $36,422.06.

The worker also appealed the denial of entitlement under the Chronic Pain Disability and Psychotraumatic Disability Policies.

The Appeals Resolution Officer found that the video surveillance evidence relied upon by the Case Manager was selective and did not support the conclusion that the worker had fully recovered.

The objective medical evidence demonstrated a permanent aggravation of the pre-existing injury.

The worker was granted a Non-Economic Loss (NEL) assessment and full LOE benefits retroactive to January 28, 2014, nullifying the overpayment.

However, the worker's appeals regarding the Chronic Pain Disability and Psychotraumatic Disability Policies were dismissed.

The employer objected to the initial entitlement granted to the worker for a left knee injury.

The worker claimed he injured his knee while stepping off a ladder at work.

The employer argued the injury report was fortuitous and designed to deflect a pending investigation into misconduct, alleging co-workers saw the worker limping prior to the incident.

The Appeals Resolution Officer noted concerns with the worker's credibility but found that the employer failed to provide objective evidence or call witnesses to corroborate their allegations.

Given the immediate reporting and medical attention, the Officer concluded that proof of accident was established on a balance of probabilities.

The employer's objection was denied.

The employer appealed a decision denying Second Injury and Enhancement Fund (SIEF) relief for a worker who developed bilateral carpal tunnel syndrome.

The employer argued that the worker's pre-existing thyroid disease contributed to the condition.

The Appeals Resolution Officer found that the worker's thyroid condition was treated and asymptomatic prior to the workplace injury, and that the period of disability was not prolonged or enhanced by the pre-existing condition.

The employer's objection was denied.

The worker appealed a decision denying ongoing entitlement for a work-related low back injury, loss of earnings benefits, and entitlement for a cervical spine injury sustained in a subsequent motor vehicle accident.

The Appeals Resolution Officer found that the motor vehicle accident, which occurred while the worker was travelling to physiotherapy, was not compensable because the worker was not travelling at the direction of the WSIB.

However, the Officer found evidence of a permanent impairment to the low back from the original workplace injury, granting entitlement to a non-economic loss assessment.

Partial loss of earnings benefits were also granted for a specific period, with further determination remitted to the Operating Area.