F. Amorim

The worker appealed decisions regarding their ability to work full-time, the quantum of their non-economic loss (NEL) award for a right foot injury, denial of entitlement for a right knee condition as a secondary injury, and the suitability of a work transition plan.

The Appeals Resolution Officer found that the worker was capable of full-time work and that the right knee condition was not causally linked to the compensable foot injury.

The work transition plan for the suitable occupation of property management was deemed appropriate.

However, the worker was entitled to a new NEL evaluation for the right foot using the AMA Guides, as the prerequisites for using the alternate rating schedule were not met.

The appeal was allowed in part.

The worker appealed decisions regarding the calculation of her loss of earnings (LOE) benefits, her non-economic loss (NEL) quantum, and entitlement to psychotraumatic disability benefits following a workplace slip and fall.

The Appeals Resolution Officer found that the short-term average earnings were calculated correctly based on concurrent employment.

However, the worker was granted entitlement to benefits for major depressive disorder, as the medical evidence supported that her psychological condition resulted from her severe physical impairment.

Furthermore, the pre-injury job with accommodation was deemed unsuitable, entitling the worker to full LOE benefits for the period she was unable to work.

The worker appealed case manager decisions denying entitlement to a permanent impairment for a lumbar strain, setting the maximum medical recovery (MMR) date at March 13, 2016, and finding no breach of the employer's re-employment obligation.

The Appeals Resolution Officer adjusted the MMR date to May 24, 2016, based on medical evidence, but upheld the denial of a permanent impairment award.

The Officer also found no re-employment breach, as the worker was terminated for violating the employer's workplace violence and harassment policy, unrelated to the workplace injury.

The worker, a personal support worker, appealed the denial of entitlement for traumatic mental stress (TMS) and chronic mental stress (CMS) following an alleged incident where an administrator waved a knife at her.

The Appeals Resolution Officer found insufficient evidence to corroborate the worker's account of the knife incident or any workplace harassment.

The evidence indicated the worker was disciplined for excessive absences and insubordination, which are employment functions and not substantial work-related stressors.

The appeal was denied.

The employer appealed a case manager's decision granting the worker loss of earnings (LOE) benefits from August 31, 2017 to September 5, 2017, following a workplace shoulder injury.

The Appeals Resolution Officer found that the employer had offered suitable modified work on the day of the injury, which the worker declined.

Medical evidence indicated the worker had functional abilities that would have allowed him to perform the modified work.

Consequently, the worker was not totally disabled and was not entitled to LOE benefits for the period in question.

The employer's objection was allowed.

The worker appealed a decision denying entitlement for a right knee impairment as a secondary condition to a compensable 2005 left knee injury.

The Appeals Resolution Officer found that the right knee pain started gradually in 2012, six years after the worker returned to work, and that a previous decision had found the worker fully recovered from the left knee injury with no residual impairment.

The appeal was denied due to the late onset of symptoms and lack of causal connection.