D. Hart

The worker objected to decisions denying restrictions for a psychotraumatic disability, adjusting loss of earnings benefits based on partial impairment, and finding the occupation of light assembler suitable.

The Appeals Resolution Officer found that the worker had no restrictions for the psychotraumatic disability and that the suitable occupation of light assembler was appropriate.

However, the Officer determined that the worker was capable of working 4 hours daily or 20 hours weekly, and adjusted the loss of earnings benefits accordingly.

The worker's objection was granted in part.

The worker objected to a decision adjusting his Loss of Earnings (LOE) benefits, arguing he was unemployable due to chronic pain and entitled to full benefits until age 65.

The WSIB had reviewed his final LOE benefit entitlement after a Non-Economic Loss assessment for chronic pain disability and obtained video surveillance.

The Appeals Resolution Officer found significant discrepancies between the worker's reported severe limitations and his observed activities on surveillance, which included walking his dog without apparent difficulty, socializing, and running errands.

The appeal was dismissed, with the ARO concluding the worker was capable of earning minimum wage in suitable occupations.

The employer objected to a decision denying entitlement to the Second Injury and Enhancement Fund (SIEF) following a worker's compensable injury to his left leg and low back.

The employer argued that the worker's recovery was prolonged by pre-existing conditions, including osteoarthritis and degenerative disc disease, as shown on imaging.

The Appeals Resolution Officer reviewed the medical evidence and concluded that the pre-existing conditions did not cause or contribute to the compensable accident, nor did they prolong or enhance the period of recovery.

The employer's objection was denied.

The employer objected to a decision denying entitlement to Second Injury and Enhancement Fund (SIEF) cost relief following a worker's injury.

The worker had sustained a myofascial strain of the neck, shoulders, and back.

The employer argued that the worker had a pre-existing condition, specifically degenerative changes in the neck and back, that prolonged her recovery.

The Appeals Resolution Officer found that the medical evidence, including MRI results and reports from the treating physician, did not support the existence of a pre-accident disability or a pre-existing condition that affected the worker's recovery.

The employer's objection was denied.

The worker, a resident care worker at a homeless shelter, appealed a claims adjudicator's decision denying entitlement for a Methicillin Resistant Staphylococcus Aureus (MRSA) infection.

The worker argued he contracted the infection from a client at the shelter.

The Appeals Resolution Officer found that while the worker was employed in a facility with a risk of communicable diseases and a client had been diagnosed with MRSA, there was insufficient evidence to establish on a balance of probabilities that the worker contracted the illness in the workplace, as MRSA is also prevalent in the general community.

The worker's objection was denied.

The worker appealed a decision denying him entitlement to health care benefits for noise-induced hearing loss.

The worker was employed as an electrician from 1943 to 1984 and was exposed to hazardous noise levels.

The initial adjudicator calculated his hearing loss at 22.75 dB and 21.50 dB after a presbycusis adjustment, falling short of the 22.5 dB threshold.

The Appeals Resolution Officer recalculated the audiogram results and the presbycusis adjustment based on the worker's correct age at the time of the test.

The recalculated hearing loss was 23.25 dB in each ear, meeting the policy criteria.

The worker's objection was granted, and he was awarded health care benefits for noise-induced hearing loss.

The worker's spouse appealed a decision denying survivor benefits following the worker's death from a myocardial infarction.

The worker had previously been granted entitlement for asbestosis due to occupational exposure.

The Appeals Resolution Officer reviewed medical evidence, including reports from the investigating coroner and a WSIB occupational medicine consultant, both of whom concluded that the worker's severe lung disease caused strain on his heart and significantly contributed to his death.

The appeal was allowed, and the spouse was granted entitlement to survivor benefits.

The worker injured his low back while lifting a heavy roll at work.

Months later, he underwent neck surgery and claimed the neck condition was caused by the same workplace accident.

The claims adjudicator denied entitlement due to a delay in treatment and lack of medical evidence linking the neck condition to the original injury.

The Appeals Resolution Officer found that the medical evidence, which included reports of a subsequent motor vehicle accident, did not support a neck injury at the time of the workplace accident.

The worker's objection was denied.

The worker, a registered nurse, sought initial entitlement and loss of earnings benefits for gastroenteritis, alleging she contracted it from workplace exposure to infected patients.

The claims adjudicator denied entitlement.

On appeal, the Appeals Resolution Officer found that while there was a confirmed Norwalk virus outbreak at the hospital, the worker's symptoms began several days before the outbreak was identified.

The evidence did not support that patients exhibited symptoms during the worker's shifts prior to her illness.

The appeal was dismissed, concluding the illness was unrelated to workplace exposure.

The worker, who suffered bilateral blindness due to a 1970 workplace accident, requested entitlement to a specialized wide band radio receiver costing $14,550 as an independent living device.

The worker argued the device was necessary to access local and international news and talk radio independently.

The Appeals Resolution Officer denied the request, finding that the worker already had access to local and international news via his existing VHS/UHF radio, computer, and the internet, and that the requested radio would be a duplication of services.

The worker, who developed bilateral carpal tunnel syndrome from her duties as a hoist operator, sought entitlement for a psychotraumatic disability (major depression).

The Appeals Resolution Officer found that the worker's major depression developed as an indirect result of her physical work-related injuries and the resulting chronic pain and impairment.

The objection was granted, and the worker was found entitled to a non-economic loss assessment for the psychotraumatic condition.