C. D’Angelo

The worker objected to the denial of initial entitlement for injuries sustained during a physical altercation with a co-worker.

The worker was hit on the head with a hard hat after a verbal dispute over a scan gun.

The initial adjudicator denied the claim on the basis that the worker verbally provoked the co-worker, thereby removing himself from the course of his employment.

The Appeals Resolution Officer allowed the objection, finding that the dispute arose solely over work and that verbal insults did not constitute provocation sufficient to excuse physical retaliation.

The worker was granted entitlement to benefits.

The worker objected to a claims decision denying entitlement to supplementary benefits under Section 147(4) of the Worker's Compensation Act.

The worker suffered a back injury in 1984 and was granted a 30% Permanent Disability Award.

The worker declined further vocational rehabilitation (VR) assistance in 1989, seeking Canada Disability Benefits instead, which were denied.

The Appeals Resolution Officer found that supplementary benefits are only paid when a worker would not benefit from a VR program or is incapable of restoring pre-injury earnings.

Since the worker chose not to continue with VR services and there was no medical indication he was incapable of returning to work, the criteria for supplementary benefits were not met.

The worker's objection was denied.