Judy Cantwell

The 71-year-old worker suffered a work-related lumbar strain and received modified duties and physiotherapy.

The Case Manager determined that the worker had reached maximum medical recovery by October 19, 2015, and that any ongoing symptoms were due to pre-existing degenerative changes (lumbar spondylosis and knee osteoarthritis).

The worker objected, arguing he had not fully recovered.

The Appeals Resolution Officer denied the objection, finding that the work-related soft tissue injury had resolved and that the worker's ongoing pain and functional limitations were more likely related to progressive degenerative changes rather than a persisting low back strain.

The worker, a roofer for 34 years, objected to a decision denying initial entitlement for a gradual onset disablement injury to his low back.

The worker argued that his heavy physical work significantly contributed to his multi-level lumbar degeneration, relying on medical and ergonomic opinions from OHCOW.

The Appeals Resolution Officer denied the appeal, finding insufficient evidence that the worker's duties accelerated or aggravated his degenerative changes.

The Officer noted that emerging scientific evidence suggests such changes are primarily genetic, and attributed the worker's ongoing back pain to non-compensable left hip arthritis.

The worker suffered a right knee strain at work in 2008, superimposed on advanced pre-existing osteoarthritis.

He received a non-economic loss award and other benefits.

In 2013, total knee replacement surgery was recommended.

The worker sought entitlement for the surgery under his claim.

The Appeals Resolution Officer denied the appeal, finding that the need for surgery arose from the natural progression of the pre-existing, non-compensable osteoarthritis, which was likely caused by a remote injury 30 years prior, rather than the 2008 workplace strain.

The worker objected to WSIB decisions reducing her loss of earnings benefits following the closure of her labour market re-entry (LMR) services and at the final review.

The worker argued she was unemployable due to a significant bilateral upper extremity impairment.

The Appeals Resolution Officer found that while the worker had a significant impairment, she had successfully completed extensive LMR training and was capable of working 30 hours per week in suitable elemental service or reception roles.

The objection was allowed in part, adjusting the loss of earnings benefits to reflect a 30-hour work week at minimum wage.

The worker appealed a decision regarding the final review of his loss of earnings (LOE) benefits.

The worker had suffered compensable bilateral epicondylitis and shoulder injuries, and also had non-compensable neck and back conditions.

The WSIB had previously determined he was unemployable but at the final review concluded he could perform part-time elemental service work.

The Appeals Resolution Officer found that the worker's primary barrier to return to work was pain, to which the compensable conditions significantly contributed.

As the worker had not been provided with a pain management program and presented with very limited use of his hands and arms, the Officer concluded he was not competitively employable.

The objection was allowed and LOE benefits were adjusted accordingly.