K. Erkila

The worker suffered a right wrist injury while working as a sanitation engineer and initially received loss of earnings (LOE) benefits.

The case manager terminated LOE benefits effective September 30, 2024, after a physician cleared the worker for full duties.

The worker subsequently sought further medical attention, was diagnosed with a TFCC tear requiring surgery, and objected to the termination of benefits.

The Appeals Resolution Officer allowed the appeal, finding that the worker remained partially impaired, required modified duties that the employer could not accommodate, and was therefore entitled to full LOE benefits from September 30, 2024.

The worker appealed decisions regarding their maximum medical recovery (MMR) date, the 35% non-economic loss (NEL) quantum for their chronic pain disability (CPD), and the denial of loss of earnings (LOE) benefits from January 7, 2016.

The Appeals Resolution Officer upheld the MMR date of January 7, 2016, and confirmed the 35% NEL rating accurately reflected the worker's moderate impairment.

However, the Officer found that while the modified duties offered were suitable, the worker's CPD and ongoing pain rendered them capable of only part-time work (20 hours per week).

Consequently, the worker was granted partial LOE benefits retroactive to May 4, 2015.

The worker, a non-resident long-haul truck driver, was injured in a compensable motor vehicle accident and subsequently returned to their home country for medical care.

The worker appealed a decision denying loss of earnings (LOE) benefits beyond March 30, 2022, and a decision calculating their long-term rate without including alleged cash payments.

The Appeals Resolution Officer allowed the appeal in part, finding the worker was totally impaired and entitled to full LOE benefits until May 2022, and partially impaired and entitled to partial LOE benefits thereafter based on part-time earnings in their home country.

The appeal regarding the long-term rate calculation was dismissed due to insufficient proof of the alleged cash earnings.