C Cirinna

The worker appealed a case manager's decision denying entitlement for chronic mental stress (CMS).

The worker claimed CMS resulting from a company restructuring that changed her position to a bargaining unit role, requiring her to reapply for her job and causing significant uncertainty.

The Appeals Resolution Officer denied the appeal, finding that under WSIB Policy 15-03-14, workers are not entitled to CMS benefits for stress caused by an employer's decisions or actions relating to employment, including changes to work or working conditions.

There was no evidence of workplace harassment or a substantial work-related stressor beyond the normal pressures of a company restructuring.

The worker suffered a compensable right shoulder injury in 2001 and later claimed a secondary left shoulder condition due to overcompensation.

In 2007, an Appeals Resolution Officer allowed the left shoulder entitlement.

Subsequently, the WSIB discovered the worker had moved to the United States and operated a maintenance business between 2005 and 2007 without reporting this material change in circumstances.

Operations requested a reconsideration of the 2007 decision.

The Appeals Services Division concluded that while the worker did develop a left shoulder strain from overcompensation, it would have fully recovered within six weeks of stopping work in February 2004.

The significant left shoulder pathology diagnosed in 2005 and 2006, which required surgery, was found to be caused by his unreported self-employment activities rather than the original workplace injury.

The worker objected to a case manager's decision denying a non-economic loss (NEL) reassessment for a 1990 low back and neck injury.

The worker had previously been granted an 18 percent NEL award.

The Appeals Resolution Officer reviewed new medical evidence submitted since a prior 2006 WSIAT decision, which had found the worker's deterioration was due to non-compensable pre-existing degenerative disc disease.

The Officer concluded there was no objective medical evidence to support a significant deterioration in the worker's compensable low back condition beyond the currently recognized permanent impairment level.

The objection was denied.