D. Gowanlock

The worker suffered a compensable left ankle fracture in 1989 and received a 9% permanent disability pension.

Over 30 years later, the worker's wage rate was reduced following a corporate reconfiguration.

The worker sought a section 147(4) supplement, arguing the wage reduction was due to their compensable injury and restrictions.

The Appeals Resolution Officer denied the appeal, finding no evidence connecting the temporary reduction in earnings to the 1989 ankle injury, as the job change was based on seniority during a corporate reconfiguration affecting multiple employees.

The worker, an Educational Assistant, appealed the denial of entitlement to Traumatic Mental Stress and Chronic Mental Stress for events occurring prior to September 2018.

The worker alleged workplace harassment and bullying by co-workers, which they claimed caused a mental stress injury.

The Appeals Resolution Officer found that the alleged incidents of harassment were not confirmed by co-workers or the employer, and appeared to be interpersonal conflicts rather than substantial work-related stressors.

The medical evidence also suggested the worker's stress was related to personal life events.

The appeal was denied, as the criteria for both Traumatic and Chronic Mental Stress were not met.

The worker suffered a right shoulder and elbow injury at work, resulting in a rotator cuff tear that required surgery.

After reaching maximum medical recovery, the worker participated in a Work Transition plan for a Suitable Occupation as a Horticulture Technician/Specialist.

The Case Manager closed the plan and adjusted the worker's loss of earnings benefits based on the ability to work 40 hours per week in the Suitable Occupation.

The worker objected, arguing an inability to work full-time due to psychological and physical limitations.

The Appeals Resolution Officer denied the objection, finding that the worker successfully completed a full-time college program and that the medical evidence did not support an inability to work full-time hours.

The worker, a former police officer who developed PTSD after an accidental firearm discharge and an undercover operation, appealed a Case Manager's decision calculating his partial loss of earnings benefit based on a 40-hour work week.

The Case Manager had determined the worker was voluntarily underemployed as a Farm Manager.

The Appeals Resolution Officer allowed the appeal, finding that medical evidence confirmed the worker was permanently restricted from full-time employment due to his PTSD symptoms.

The Officer rejected the employer's argument that the worker was voluntarily underemployed due to operating a personal hobby farm, and ordered the benefit to be based on the worker's actual average of 25 hours per week.

The worker appealed a Case Manager's decisions confirming the Suitable Occupation (SO) of Cashier and denying secondary entitlement for liver disease (cirrhosis).

The Appeals Resolution Officer found that the SO of Cashier was not suitable given the worker's lack of computer skills, education, and physical restrictions, but determined that Light Duty Cleaner was a suitable occupation during the relevant period.

The Officer denied secondary entitlement for liver disease, finding no causal link between the work-related neck injury and the cirrhosis, which pre-dated the workplace incident.

The appeal was allowed in part.

The worker, a self-employed butcher and meat cutter, appealed the denial of initial entitlement for a right shoulder rotator cuff tear.

The Appeals Resolution Officer found that the worker's job duties, which involved high force and highly repetitive tasks, along with a possible work-related fall in 2008, supported a personal work-related injury.

The appeal was allowed, granting initial entitlement for the right shoulder injury and the subsequent surgical repair.

The worker appealed a Case Manager's decision denying entitlement to benefits for Traumatic Mental Stress and Chronic Mental Stress.

The worker claimed she developed mental stress after her parents, who also worked for the employer, were subjected to workplace harassment and she was forced to work with the accused individual.

The Appeals Resolution Officer dismissed the appeal, finding that the events were not objectively traumatic and did not constitute a substantial work-related stressor.

Furthermore, there was no medical evidence on file to support a diagnosed mental stress injury.

The worker, a 60-year-old cashier, suffered a compensable bilateral shoulder injury and was offered modified duties at her pre-injury hours.

The worker chose to work reduced hours, claiming she was following her doctor's advice and could not cope with the demands.

The Appeals Resolution Officer found that the modified duties were suitable, within the worker's functional abilities, and that there was no clinical evidence supporting her inability to work pre-injury hours.

The worker's objection was denied, and she was found not entitled to partial loss of earnings benefits.

The worker appealed a decision denying her entitlement to benefits for Traumatic Mental Stress (TMS) following an alleged assault by the store manager during a return-to-work meeting.

The worker claimed she was yelled at, touched on the face, and chased around a table.

The employer and multiple witnesses provided a conflicting account, stating the worker was aggressive and was calmly asked to leave the premises.

The Appeals Resolution Officer found the witness statements credible and concluded there was insufficient evidence of a sudden and unexpected traumatic event.

The appeal was dismissed, and entitlement to TMS was denied.

The worker, a Child Care Worker, suffered a compensable psychological injury (PTSD) after witnessing an assault at work in 2012.

In October 2014, the worker stopped working after being called to a meeting regarding performance issues and sought loss of earnings benefits, claiming a recurrence of the 2012 injury.

The WSIB initially denied the claim, attributing the absence to workplace performance issues rather than the compensable injury.

On appeal, the Appeals Resolution Officer found that the worker's performance issues and subsequent inability to work were likely caused by an exacerbation of her unmanaged PTSD and major depressive disorder.

The appeal was allowed, and the worker was granted loss of earnings benefits from October 7, 2014, onward.

The worker, a roofer, objected to the WSIB's denial of initial entitlement for a lower back injury allegedly sustained while cutting out a flange on a roof.

The employer did not participate in the appeal but had previously disputed the claim due to delayed reporting.

The Appeals Resolution Officer found the worker's testimony credible and consistent with medical evidence, establishing proof of accident and compatibility of the disc protrusion diagnosis.

The objection was allowed, granting initial entitlement and full loss of earnings benefits for a specified period, with a referral for a back and neck assessment.

The worker, a concierge, sought benefits for Traumatic Mental Stress after fainting at work following three incidents of verbal harassment and aggressive behaviour by the company owner.

The Appeals Resolution Officer denied the appeal, finding that while the owner's conduct was unpleasant and inappropriate, it did not involve actual or threatened physical violence and therefore did not meet the policy definition of a sudden and unexpected traumatic event.

Furthermore, there was no required Axis 1 diagnosis from a psychiatrist or psychologist.