J. Cantwell

The worker appealed decisions regarding his non-economic loss (NEL) quantum and the calculation of his earnings basis following a severe workplace fall.

The Appeals Resolution Officer found that the worker was not an apprentice at the time of injury, as he had not demonstrated a clear path to becoming a licensed electrician despite working as an assistant for 20 years.

However, the worker's appeal regarding his NEL quantum was partially allowed.

The NEL rating for psychotraumatic disability was increased to 15 percent to reflect impairment at the upper level of mild impairment, and the rating for trigeminal nerve damage was increased to 7 percent.

The NEL ratings for tinnitus and cervical strain were confirmed.

The employer objected to the allowance of a claim for a worker who sustained a knee injury (gastrocnemius tear) after turning quickly while walking during her shift as a nurse.

The employer argued that walking and turning are ordinary facts of life and not an accident arising out of employment.

The Appeals Resolution Officer denied the objection, finding that the sudden onset of pain from a specific turning motion while performing regular work activities constituted an unexpected result of working duties.

Initial entitlement and the payment of health care and loss of earnings benefits were confirmed.