H. Shaw

The employer objected to a Case Manager's decision allowing the worker entitlement for a low back sprain/strain as a secondary condition to a compensable right shoulder injury.

The worker developed low back pain while performing modified duties that required increased twisting and turning to accommodate the shoulder injury.

The Appeals Resolution Officer found a causal link between the altered movements and the low back strain, concluding that secondary entitlement remained in order.

The employer's objection was denied.

The worker appealed a Case Manager's decision denying entitlement for Traumatic Mental Stress (TMS) and Chronic Mental Stress (CMS).

The worker alleged she developed mental stress injuries due to an incident with a hockey user-group in January 2002, as well as ongoing sexual and physical harassment by co-workers and management.

The Appeals Resolution Officer found that the 2002 incident did not meet the criteria for TMS, as it did not involve physical violence or life-threatening circumstances, and was not the predominant cause of a diagnosed mental stress injury.

Regarding CMS, the Officer found insufficient corroborating evidence of the alleged harassment, noting instead that the worker had a pattern of instigating interpersonal conflicts.

The employer's actions in response to the worker's complaints were deemed reasonable employment decisions.

The appeal was dismissed.

The worker appealed a decision denying loss of earnings (LOE) benefits for two days following a workplace back injury.

The Appeals Resolution Officer found that the initial medical report indicated the worker had full functional abilities and recommended over-the-counter pain medication.

A subsequent letter from the worker's family doctor, written three months later, was given little weight as it was based on self-reporting rather than a contemporaneous clinical examination.

The appeal was dismissed.

The worker objected to the 21% non-economic loss (NEL) benefit rating for her low back and the determination that Customer Service was a suitable occupation (SO) with partial loss of earnings (LOE) benefits payable from May 30, 2017.

The Appeals Resolution Officer upheld the 21% NEL rating, finding it consistent with the AMA Guides and medical evidence.

However, the Officer found the previous SO of Security Guard became unsuitable earlier, on December 1, 2012, due to the worker's psychotraumatic impairment.

The worker was found capable of working in Customer Service for 15 hours per week at minimum wage from December 1, 2012, and was awarded partial LOE benefits from that date.

The worker, a personal support worker, appealed the denial of initial entitlement for a right shoulder sprain.

The injury occurred when she reached back to close a door while carrying soiled linen after performing heavy patient care.

The Appeals Resolution Officer found that while closing a door would not normally cause a sprain, the heavy nature of her duties, understaffing, and awkward posture left her susceptible to injury.

The appeal was allowed, granting initial entitlement for the right shoulder sprain.

The worker appealed the denial of entitlement for spinal stenosis, disc protrusions, and ongoing loss of earnings benefits following a workplace back injury.

The Appeals Resolution Officer found that the spinal stenosis and disc issues were pre-existing conditions not significantly aggravated by the workplace injury.

The work-related sprains had resolved, and there was no ongoing entitlement to benefits.

The appeal was denied.

The worker suffered a right knee injury after slipping on ice at work in March 2014.

He returned to full duties in June 2014 but stopped working in April 2015 due to a flare-up of knee pain, later diagnosed as a medial meniscal tear.

The worker sought entitlement for a recurrence of the workplace injury.

The Appeals Resolution Officer denied the appeal, finding that the meniscal tear was not clinically compatible with the original sprain/strain injury and that there was insufficient evidence to show the workplace accident accelerated the worker's pre-existing degenerative osteoarthritis.

The worker appealed a decision denying ongoing entitlement for a right shoulder partial tear of the supraspinatus tendon and calcific tendinopathy.

The Appeals Resolution Officer found that the worker's general job duties, which involved repetitive cross-body motion and pushing/pulling with force, made a significant contribution to the development of the conditions.

The objection was allowed, and the matter was remitted to the Operating Area to determine benefits.

The worker appealed a Case Manager's decision denying entitlement for a psychotraumatic disability.

The worker had suffered a low back strain in 2005 and subsequently developed an Adjustment Disorder with Mixed Anxiety and Depressed Mood.

Although the worker had pre-existing mental health issues, the Appeals Resolution Officer found that the workplace injury was a significant contributing factor to the development or progression of the psychological condition.

The appeal was allowed, granting initial entitlement for a psychotraumatic disability, with the determination of permanent impairment deferred pending further treatment.