E. Moir

The worker, a waste collector, suffered a workplace fall and was granted entitlement for a concussion, laceration, left elbow abrasion, and right shoulder strain.

He subsequently sought entitlement for a massive right rotator cuff tear.

The Appeals Resolution Officer denied the appeal, finding that medical evidence, including an MRI showing fatty atrophy and prior medical records indicating right shoulder weakness, supported that the rotator cuff tear was a pre-existing degenerative condition rather than a result of the workplace fall.

The worker, a Youth Services Officer, suffered a soft tissue injury during an altercation at work.

The employer offered modified administrative duties, but the worker remained off work for four shifts, relying on a doctor's note advising rest.

The worker appealed the denial of Loss of Earnings (LOE) benefits for this period.

The Appeals Resolution Officer denied the appeal, finding that the clinical evidence did not confirm a complete inability to work and that the employer had appropriately offered suitable modified duties that would have mitigated any loss of earnings.