Kevin MacMillan

The employer appealed a Case Manager's decision granting the worker entitlement to right shoulder arthroscopic capsular release surgery.

The employer argued that the worker's adhesive capsulitis was caused by a COVID-19 vaccine booster rather than the initial workplace lifting injury.

The Appeals Resolution Officer found that the medical evidence, including reports from the treating orthopaedic surgeon, supported that the condition was a posttraumatic adhesive capsulitis related to the workplace injury.

The employer's appeal was denied and entitlement to the surgery was confirmed.

The worker appealed several decisions regarding their workplace injury, which included a concussion, neck strain, and major depressive disorder.

The Appeals Resolution Officer found that the employer's offer of permanent modified duties was not suitable as it did not constitute productive work, granting partial loss of earnings benefits.

The officer upheld the 15% Non-economic Loss rating for the psychological condition and denied claims for a worsening or recurrence of both the psychological and head injuries.

However, the officer recognized a permanent impairment for the work-related neck strain.

The worker appealed decisions denying ongoing entitlement for bilateral shoulder and lower back injuries stemming from two separate workplace accidents in 2008 and 2009.

The Appeals Resolution Officer found that the worker's degenerative changes and subsequent MRI findings were not causally related to the initial strain injuries.

The Officer upheld the determinations that maximum medical recovery was reached for all injuries by 2009 and 2010, with no permanent impairment.

The appeals were denied.