K. Denbok

The worker, a caretaker, appealed a case manager's decision denying initial entitlement for a bilateral shoulder injury.

The worker attributed the injury to forcefully pushing a malfunctioning auto-scrubber over a period of time.

The Appeals Resolution Officer found that the worker's job duties involved significant risk factors for a shoulder injury due to the unaccustomed strain of restarting the heavy machine.

The appeal was allowed, and initial entitlement for a bilateral shoulder repetitive strain injury was granted, with loss of earnings entitlement remitted to the operating area.

The worker appealed case manager decisions denying entitlement to a recurrence of a right leg injury, denying entitlement for a secondary left leg condition, and adjusting loss of earnings (LOE) benefits based on a determined capacity to earn minimum wage in a suitable occupation.

The Appeals Resolution Officer found no clinical evidence of a significant deterioration of the original injury or a causally linked secondary condition.

The LOE adjustment was confirmed as the worker had completed a return to work plan with training and was capable of earning entry-level wages in the suitable occupation.

The appeal was denied.

The worker, a bus driver who developed PTSD after a passenger pointed a handgun at them, appealed a case manager's decision denying loss of earnings benefits for a period when the worker was out of the country.

The Appeals Resolution Officer found that the worker's out-of-country leave did not interfere with their ability to co-operate in health care measures or the return-to-work process.

The worker sought appropriate psychiatric treatment while abroad and was medically authorized off work during the entire period.

The appeal was allowed, and the worker was granted full loss of earnings benefits for the disputed period.