BreighAnn Fairburn

The employer appealed a Case Manager's decision denying cost relief under the Second Injury and Enhancement Fund (SIEF) following a worker's right hip injury.

The worker bumped their hip on a glass table, which was deemed a minor accident, but subsequently developed avascular necrosis and secondary advanced osteoarthritis, requiring a total hip replacement.

The employer argued that the worker's history of smoking and the rapid onset of osteoarthritis indicated pre-existing conditions.

The Appeals Resolution Officer dismissed the appeal, finding that the diagnoses were clinically compatible with the work-related injury and that smoking did not meet the definition of a pre-accident disability or pre-existing condition under the SIEF policy.

The worker, a sanitation worker, appealed a decision denying initial entitlement to WSIB benefits for a lower back injury allegedly sustained on their first day of work.

The worker claimed the injury resulted from repetitive bending and reaching.

The Appeals Resolution Officer found insufficient evidence of an injuring process, noting the worker only performed the duties for two to three hours, delayed reporting the injury, and delayed seeking healthcare.

The appeal was dismissed, and initial entitlement to benefits was denied.

The worker appealed a Case Manager's decision that calculated their long-term average earnings based on non-permanent employment.

The worker argued they were a permanent employee, having worked full-time hours with no set termination date.

The employer did not participate but had previously asserted the worker was a temporary hire.

The Appeals Resolution Officer reviewed the earnings information and Operational Policies, finding the worker was employed 52 weeks a year with no seasonal layoffs or set termination date.

The appeal was allowed, and the matter was remitted to the Operating Area to recalculate the long-term rate based on permanent employment.