Candice Kish

The worker appealed a Case Manager's decision offsetting 100% of their CPP disability benefits from their loss of earnings (LOE) benefits, and a NEL Clinical Specialist's decision rating their non-economic loss (NEL) benefit for psychotraumatic disability at 25%.

The Appeals Resolution Officer allowed the appeal in part.

The officer found that the CPP disability benefits were granted for both work-related and non-work-related injuries, and reduced the offset to 67% to account for the non-compensable injuries.

The officer confirmed the 25% NEL rating for psychotraumatic disability, finding that the worker's impairment fell within the lower range of a Class 3 impairment under the AMA Guides and WSIB policy.

The employer objected to an Eligibility Adjudicator's decision granting the worker initial entitlement to benefits for injuries sustained in a slip and fall.

The worker, a crossing guard, fell on an icy municipal sidewalk while walking to a coffee shop during a paid lunch break.

The employer argued the accident did not occur in the course of employment as it happened off-premises.

The Appeals Resolution Officer denied the employer's objection, finding that taking a lunch break is reasonably incidental to work, the worker was still being paid, and the distance travelled was reasonable.

Initial entitlement to benefits was confirmed.