Kelly Gordon

The worker, a housekeeping aide, appealed a decision denying initial entitlement for bilateral hand conditions (palmar psoriasis, contact dermatitis, and allergic contact dermatitis) claimed to result from workplace exposure to cleaning chemicals and gloves.

The Appeals Resolution Officer reviewed medical evidence, including a dermatologist's opinion and patch testing results, which ruled out palmar psoriasis and allergic contact dermatitis but confirmed a diagnosis of irritant contact dermatitis.

Finding a temporal relationship and significant contribution from occupational exposure to cleaning chemicals, the Officer granted initial entitlement for irritant contact dermatitis.

The worker was also granted loss of earning (LOE) benefits for lost time from work, as the employer could not accommodate the worker's restrictions.

The worker appealed multiple decisions regarding their entitlement to benefits following a work-related COVID-19 infection.

The Appeals Resolution Officer found that the worker had not fully recovered from Long COVID and was entitled to Chronic Pain Disability (CPD) and ongoing Loss of Earnings (LOE) benefits as of July 15, 2024, as the severity of the conditions prevented a return to work.

However, the Officer determined that the worker had fully recovered from an accepted exacerbation of pre-existing rheumatoid arthritis and denied entitlement to psychotraumatic disability, noting that CPD was the predominant contributing factor to the ongoing impairment.

The appeal was allowed in part.

The worker, a truck driver, appealed the denial of initial entitlement for a left foot injury.

The worker alleged that they stepped in a puddle containing chemicals at a recycling facility, which caused a chemical burn to their left foot.

The worker's pre-existing diabetes complicated the healing process, leading to multiple infections and ultimately a below-the-knee amputation.

The Appeals Resolution Officer found that the evidence supported a diagnosis of a chemical burn and that the occupational exposure significantly contributed to the injury.

The Officer also found that the amputation was a significant deterioration clinically compatible with the original injury.

The appeal was allowed.

The worker appealed the denial of entitlement to Traumatic Mental Stress (TMS) and Chronic Mental Stress (CMS) following a road rage incident where another driver approached the worker's truck with a knife.

The Appeals Resolution Officer denied the appeal, finding that the worker did not have a confirmed DSM diagnosis for a mental stress injury.

Furthermore, the medical evidence did not support that the workplace incident was the predominant cause of the worker's mental stress condition, as the treating physicians attributed the stress to personal and non-occupational issues.

The worker, a police victim services coordinator, suffered a traumatic mental stress injury due to cumulative exposure to traumatic events.

After a period of accommodated work, the worker's psychological condition deteriorated in August 2022, leading them to stop working.

The Case Manager initially denied entitlement for a recurrence and loss of earnings (LOE) benefits, attributing the deterioration to an employment decision.

On appeal, the Appeals Resolution Officer found that the deterioration was a direct result of the cumulative occupational exposures and diagnosed PTSD, not an employment decision.

The worker's objection was allowed, granting entitlement to the August 2022 recurrence and full LOE benefits from August 8, 2022, with partial LOE benefits during a brief period of teaching.

The worker, a volunteer firefighter for over 30 years, appealed a decision denying entitlement for colorectal cancer as an occupational disease.

The worker sought presumptive entitlement under Policy 23-02-01, but was diagnosed at age 65, failing to meet the requirement that diagnosis occur prior to age 61.

The worker also sought entitlement under Policy 16-02-11 for asbestos exposure, but the Appeals Resolution Officer found the exposure was not continuous, repetitive, or a major component of the worker's occupational activity.

Finally, considering the merits and justice of the case, the Officer relied on IARC findings to conclude that compatibility between the worker's occupational exposures and colorectal cancer was not established.

The appeal was denied.

The worker appealed the denial of initial entitlement for a left finger injury sustained while opening dirty boxes at work.

The Appeals Resolution Officer found that the worker suffered a disablement injury when a foreign object lodged under their fingernail, leading to an infection, osteomyelitis, and eventual amputation of the fingertip.

The delay in reporting was deemed reasonable given the initially minor nature of the injury.

The appeal was allowed, granting initial entitlement to the infection and secondary entitlement to the amputation and permanent impairment, with loss of earnings benefits referred back for further investigation.

The estate of the worker appealed the denial of initial entitlement for lung cancer.

The worker had been employed in the rubber manufacturing industry for nearly 30 years and had a significant smoking history.

While the Appeals Resolution Officer found that the worker did not meet the criteria for lung cancer due to asbestos exposure under Policy 16-02-13, the appeal was allowed based on the merits and justice of the case.

Relying on findings from the International Agency for Research on Cancer (IARC) and the worker's prior compensable claim for Chronic Lymphocytic Leukemia, the Officer concluded that the worker's occupational exposures significantly contributed to the development of lung cancer, notwithstanding the non-occupational risk factors.

Initial entitlement to lung cancer was granted.

The worker appealed a Case Manager's decision denying initial entitlement for a left arm injury.

The worker suffered a left biceps tear while lifting heavy metal sheets at work, but initially told hospital staff the injury occurred at home out of fear for their job security.

The Appeals Resolution Officer found that the employer and a co-worker corroborated the workplace accident's time and mechanism.

Applying the five-point check system, the Officer concluded the injury arose out of and in the course of employment, allowing the worker's objection and granting initial entitlement.

The worker appealed a Case Manager's decisions granting a 5% Non-Economic Loss (NEL) benefit for a concussion and denying ongoing entitlement for neck and upper back strains.

The Appeals Resolution Officer confirmed the 5% NEL rating based on the AMA Guides, finding the worker's cognitive and emotional symptoms warranted this rating.

The Officer denied ongoing entitlement for the upper back strain due to a lack of medical evidence but allowed ongoing entitlement for the neck strain, directing the operating area to obtain updated medical information to determine if the neck condition resulted in a permanent impairment.

The worker, a personal support worker, contracted COVID-19 due to a workplace outbreak and subsequently developed migratory musculoskeletal pain, leading to a diagnosis of seronegative rheumatoid arthritis.

The OD Adjudicator initially denied secondary entitlement for the arthritis and terminated loss of earning (LOE) benefits, relying on an OHAP physician's opinion that there was insufficient literature to establish a causal link.

On appeal, the Appeals Resolution Officer allowed the worker's objection, preferring the opinions of multiple specialists, including an infectious disease specialist and rheumatologists, who concluded the arthritis was likely triggered by the work-related COVID-19 infection.

The worker was granted secondary entitlement to seronegative rheumatoid arthritis and ongoing LOE benefits.

The employer appealed the Eligibility Adjudicator's decision allowing initial entitlement for COVID-19, arguing the worker likely contracted the virus while on vacation.

The worker appealed the Occupational Disease Adjudicator's decision denying ongoing loss of earnings (LOE) benefits as of July 20, 2020.

The Appeals Resolution Officer found that the worker's employment at a long-term care facility created an elevated risk of contracting COVID-19 and that the worker was exposed to a positive resident, establishing initial entitlement.

However, the Officer denied the worker's appeal for ongoing LOE benefits, finding that as of July 20, 2020, the worker was only partially impaired and fit to perform the suitable modified duties offered by the employer.

Both objections were denied.

The employer objected to an Eligibility Adjudicator's decision allowing a dietary aide's claim for initial entitlement to COVID-19.

The worker tested positive during workplace surveillance testing at a long-term care facility.

The employer argued the positive test was a false positive and that the worker was not exposed at work.

The Appeals Resolution Officer found that the worker's employment created an elevated risk of contracting COVID-19 and that he had been working in the kitchen during the incubation period with a co-worker who had tested positive.

The employer's objection was denied, and initial entitlement to COVID-19 was upheld.

The worker, a police sergeant, suffered a compensable psychological injury after being exposed to fentanyl at work.

She attempted to return to work on December 16, 2019, but suffered a severe increase in her psychological symptoms after reading a negative performance review, forcing her to leave work after less than two hours.

The WSIB initially denied entitlement for a recurrence, finding the performance review was a new incident.

The Appeals Resolution Officer allowed the worker's appeal, finding that the worker had not fully recovered, was still receiving active treatment, and that the performance review was not a significant new incident but rather a trigger that worsened her existing compensable symptoms.

The worker was granted full loss of earnings benefits from December 17, 2019, to March 11, 2020.

The worker suffered a head injury at work when struck by a falling ceiling tile, resulting in a concussion and cervical strain.

The worker appealed decisions denying entitlement for sleep apnea, hearing loss, and ongoing post-concussion and psychotraumatic disability benefits following a subsequent non-compensable motor vehicle accident.

The Appeals Resolution Officer allowed the appeal in part.

The worker was granted entitlement for hearing loss and a hearing aid, as the evidence supported it was more probable than not caused by the workplace accident.

The Officer also found that the worker's post-concussion syndrome and psychotraumatic disability had not resolved prior to the non-compensable motor vehicle accident, granting ongoing entitlement.

However, entitlement for sleep apnea was denied as it could not be causally linked to the workplace injury.

The worker appealed a decision denying initial entitlement for a left knee injury (bursitis) claimed to result from repetitive kneeling at work.

The Appeals Resolution Officer found that the worker's job duties, which involved restocking lower shelves, required frequent kneeling on a concrete floor.

The Officer accepted the worker's testimony over the physical demands analysis and concluded the left knee bursitis arose out of and in the course of employment.

The worker's objection was allowed and initial entitlement was granted.

The worker appealed a Case Manager's decision denying entitlement to psychotraumatic disability related to a 1993 compensable back injury.

The Appeals Resolution Officer found that the worker's depression manifested within five years of the injury and was related to the extended disablement, satisfying the criteria under Operational Policy 15-04-02.

The appeal was allowed, granting entitlement to psychotraumatic disability, but the Officer found the condition resolved in 1997 and referred the issue of subsequent recurrences back to the Operating Area.

The worker appealed a WSIB decision denying entitlement for Chronic Mental Stress (CMS).

The worker alleged that he developed a psychological condition due to constant harassment, bullying, and a lack of training from his supervisor.

The Appeals Resolution Officer found that the interactions between the worker and the supervisor, while unpleasant, fell within the domain of ordinary management/worker interactions and did not constitute a substantial work-related stressor.

Furthermore, the worker failed to provide a complete psychological assessment with a DSM diagnosis.

The appeal was dismissed.

The worker suffered a compensable right foot injury and was subsequently offered a modified job as a forklift operator.

After experiencing increased pain, the worker submitted a medical note indicating a new restriction of no prolonged or repetitive force with the right foot.

The employer could not accommodate this restriction and sent the worker home.

The Case Manager denied the new restriction, found the forklift job suitable, and denied Loss of Earnings (LOE) benefits and Work Transition Services (WTS).

On appeal, the Appeals Resolution Officer found that the restriction was work-related, given the nature of the accepted injury and the worker's functional abilities.

Consequently, the forklift operator job was deemed unsuitable because it required prolonged and repetitive force to operate the pedals.

The worker's appeal was allowed, granting entitlement to LOE benefits as of August 23, 2017, and further WTS.

The worker appealed a Case Manager's decisions identifying Customer Service Clerk as a Suitable Occupation (SO) and adjusting her full loss of earnings (LOE) benefits to partial LOE benefits.

The Appeals Resolution Officer found that the SO of Customer Service Clerk was not suitable because the worker lacked the required grade 12 education and computer skills, and the approved Labour Market Re-entry plan did not provide this necessary training.

The issue of LOE benefits and whether the worker was competitively unemployable was deferred and referred back to Operations to determine if a direct entry SO without training could be identified.