J. Pereira

The worker suffered a right elbow injury in 2000 and was later diagnosed with chronic pain disability.

The worker sought full or partial loss of earnings (LOE) benefits from July 21, 2004, arguing that the modified work provided by the employer was not suitable and that she was competitively unemployable.

The Appeals Resolution Officer found that the worker was capable of performing modified duties for 5 hours a day from June 21, 2004, to November 14, 2005, entitling her to partial LOE benefits for that period.

However, based on medical evidence showing a progression of chronic pain symptoms, the Officer concluded that the worker was unable to return to any kind of work after November 14, 2005.

The worker was granted full LOE benefits from that date pending a psycho-vocational assessment.

The worker suffered a compensable right hand/forearm injury (carpal tunnel syndrome) and sought entitlement for chronic pain disability (CPD) and full loss of earnings (LOE) benefits.

The Appeals Resolution Officer denied the CPD claim, finding that the worker's pain in other areas was likely due to non-compensable neck and shoulder conditions, and that the criteria for CPD were not met.

However, the Officer granted full LOE benefits from April 26, 2009, to the start of the labour market re-entry program, as the employer could not provide suitable permanent modified work.

The worker suffered a right shoulder injury at work and subsequently underwent surgery.

She returned to modified work, but objected to the suitability of the duties, arguing they exceeded her medical restrictions and caused a recurrence of her symptoms.

The Appeals Resolution Officer found the worker's testimony credible and determined that the modified duties actually performed involved repetitive lifting and shoulder movements that violated her physical restrictions.

The worker's objection was granted, entitling her to a labour market re-entry assessment and full loss of earnings benefits from the date she stopped working.

The worker suffered a compensable bilateral hand and wrist repetitive strain injury and returned to modified duties as a retail sales associate.

She later stopped working, claiming the modified duties exceeded her restrictions and aggravated her newly diagnosed rheumatoid arthritis.

The Appeals Resolution Officer found that while the rheumatoid arthritis was not caused or aggravated by the work duties, the modified job actually performed by the worker exceeded her physical restrictions and was therefore unsuitable.

The worker was granted entitlement to a labour market re-entry assessment and partial loss of earnings benefits.

The worker suffered a low back injury while wringing a mop at work.

The WSIB initially allowed the claim as a temporary aggravation of pre-existing degenerative disc disease, granting benefits for three months.

Both the worker and the employer appealed.

The employer argued no work-related injury occurred, while the worker sought ongoing benefits and coverage for a subsequent back surgery.

The Appeals Resolution Officer denied both appeals, finding that the mop-wringing incident caused a compensable temporary aggravation of the worker's pre-existing condition, but that the need for surgery and ongoing impairment were solely attributable to the natural progression of the pre-existing degenerative disc disease.