Bob Howarth

The worker, a bakery employee who suffered a repetitive strain injury to his upper extremities, appealed decisions regarding his non-economic loss (NEL) award, a NEL redetermination, and his loss of earnings (LOE) benefits.

The Appeals Resolution Officer confirmed the 16 percent NEL award, finding the second NEL assessment more accurately reflected the worker's impairment.

The request for a NEL redetermination was denied as medical evidence did not show a significant deterioration in the worker's condition.

However, the objection regarding LOE benefits was allowed in part; while the worker was found to be employable, the evidence demonstrated he was only capable of working four hours per day, necessitating a recalculation of his LOE benefits from August 1, 2007.

The worker suffered a workplace injury resulting in the near amputation of his left index finger and subsequently developed a psychotraumatic disability.

After participating in labour market re-entry (LMR) activities, his full loss of earnings (LOE) benefits were reduced to partial LOE benefits based on deemed earnings as a parking lot attendant.

The worker objected, claiming he was unemployable at the time of the final LOE review.

The Appeals Resolution Officer allowed the objection, finding that the worker lacked the basic English language skills required for the identified suitable employment and that his psychiatric condition had deteriorated, rendering him unemployable.

The worker, a food services attendant, appealed decisions denying loss of earnings (LOE) benefits for multiple recurrences of a compensable low back injury and challenging the 7 percent non-economic loss (NEL) award.

The Appeals Resolution Officer allowed the appeal in part.

The worker was granted full LOE benefits for the March 2007 recurrence and partial LOE benefits for the September 2007 recurrence, as medical evidence supported her inability to work full hours.

The NEL award was ordered to be recalculated using the initial April 2007 assessment's range of motion findings, which accurately reflected her impairment.

Claims for full LOE benefits for the February 2008 and December 2008 recurrences were denied due to a lack of contemporaneous medical authorization.

The worker appealed several decisions of the Case Manager regarding her workplace low back injury.

The Appeals Resolution Officer confirmed the 33 percent non-economic loss (NEL) award, finding it appropriately accounted for her organic impairments.

The issue of chronic pain disability (CPD) entitlement was deferred pending the worker's participation in a WSIB Functional Restoration Program, though the Officer accepted her pain complaints were inconsistent with organic findings.

The Officer granted full loss of earnings (LOE) benefits for the periods of August 6 to November 26, 2008, and November 26 to December 8, 2008, finding the worker was unable to work and had co-operated in return to work activities.

Full LOE benefits were also granted from March 2009 onwards, pending the outcome of the Functional Restoration Program assessment.