B. Romano

The worker, a mechanic who suffered a compensable low back strain in 1989, appealed a decision denying an increase to his 20 per cent permanent partial disability (PD) award and denying entitlement for right hip, left knee, and left elbow osteoarthritis.

The Appeals Resolution Officer found that the objective medical findings did not demonstrate a functional loss exceeding the 20 per cent PD level.

Furthermore, the evidence did not establish that the worker's progressive osteoarthritis in his peripheral joints was causally related to the initial low back injury or its sequelae.

The worker's objection was denied.

The worker appealed a decision denying loss of earnings (LOE) benefits from March 12 to March 19, 2009, after he declined modified work following a right shoulder injury.

The worker argued his doctor advised him not to return to work until assessed by a specialist.

The Appeals Resolution Officer found the worker's actions reasonable, noting he was right-hand dominant and the modified duties would have been difficult.

The objection was allowed, and the worker was granted LOE benefits for the disputed period.