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.

The employer objected to the initial entitlement to benefits for a personal support worker who sustained multiple injuries in a motor vehicle accident.

The accident occurred after the worker's last client visit while she was driving to her daughter's residence, where she was staying.

The employer argued that traveling to a location other than her personal residence constituted a distinct departure on a personal errand, removing her from the course of employment.

The Appeals Resolution Officer denied the objection, finding that the worker was required to drive as a condition of her employment and was on a direct route to the residence where she was staying.

The trip did not constitute a personal errand, and the worker remained in the course of employment.