C. Ihasz

The worker suffered a compensable lower back injury and subsequently underwent elective spinal surgery in New Jersey without notifying or obtaining approval from the WSIB.

The worker sought reimbursement for the $18,000 surgery cost and associated travel expenses.

The Appeals Resolution Officer denied the appeal, finding that under WSIB policies, elective out-of-province healthcare requires prior approval, which the worker failed to obtain, and the worker breached his obligation to cooperate by withholding information about the surgery.

The worker, a registered practical nurse, appealed the denial of initial entitlement for a low back injury.

She claimed the injury resulted from a gradual onset due to repetitive patient handling and an increased workload.

The Appeals Resolution Officer found no specific workplace incident or evidence of an increased workload to account for the onset of symptoms, which began at home over a weekend.

The objection was denied, as no causal relationship was established between the worker's disc herniation and her employment duties.

The employer objected to the establishment of initial entitlement for a worker who sustained multiple injuries when the company truck he was driving rolled over.

The employer argued the accident resulted from speeding and constituted serious and willful misconduct, noting the worker's past driving offences.

The Appeals Resolution Officer denied the objection, finding that under s. 17 of the Workplace Safety and Insurance Act, even if an injury is attributable solely to serious and willful misconduct, benefits are payable if the injury results in serious impairment.

As the worker suffered serious organic and non-organic impairments, initial entitlement was upheld.