D. DeRose

The worker appealed a decision denying full retroactive loss of earnings (LOE) benefits from November 13, 2006.

The worker claimed total impairment due to a combination of compensable organic (neck) and non-organic (psychotraumatic) injuries.

The Appeals Resolution Officer found that the worker's layoff in 2006 was primarily due to a non-compensable eye condition, and that the employer had provided physically and psychologically suitable accommodated duties at no wage loss.

The worker's appeal was denied, as his ongoing loss of earnings was not directly attributable to his compensable injuries.

The worker appealed a decision denying temporary disability benefits and a non-economic loss (NEL) redetermination for a 1993 right shoulder injury.

The worker sought wage loss benefits for sporadic absences in 1998 and 2000, partial wage loss for reduced hours from October 2000 to July 2001, and full wage loss from July 2001 to March 2002 after allegedly being told modified work was unavailable.

The Appeals Resolution Officer partially allowed the appeal, granting temporary total disability benefits for specific periods in 1998 and 2000 where medical evidence supported a temporary exacerbation of the injury.

The request for partial and full wage loss benefits was denied, as the evidence indicated the worker was capable of working a full shift and had voluntarily left his employment to relocate out of province.

However, the officer directed a NEL redetermination, finding that clinical notes demonstrated a deterioration in the worker's shoulder condition since the original 1994 assessment.

The worker objected to decisions denying entitlement for hernia surgeries across multiple claims.

The worker alleged that an initial umbilical hernia was caused by physiotherapy exercises for a compensable back injury, and that subsequent recurrent hernias required surgery.

The Appeals Resolution Officer found insufficient evidence that the initial hernia resulted from a specific incident during physiotherapy, noting pre-existing risk factors.

While a subsequent recurrent hernia was accepted as a new accident, the associated surgeries were deemed elective rather than emergency procedures under WSIB policy.

The worker's objection was denied.