K. Gowans

The worker, an Educational Assistant, suffered a compensable low back injury and received loss of earnings (LOE) benefits until June 30, 2017.

The worker appealed the denial of LOE benefits subsequent to June 30, 2017.

The Appeals Resolution Officer allowed the appeal in part.

LOE benefits were denied for the summer break period (July 1 to September 4, 2017) as the worker did not incur a loss of earnings and received EI benefits, consistent with her 20-year employment pattern.

Full LOE benefits were granted from September 5 to October 3, 2017, because the worker was partially impaired and there was no documented offer of suitable modified work.

From October 4 to December 21, 2017, LOE benefits were denied because the employer offered suitable modified work (as an extra Educational Assistant providing academic support only) which the worker declined.

The worker appealed the denial of full loss of earnings (LOE) benefits for the period between May 23, 2017 and June 26, 2017.

The worker suffered a severe left ankle sprain and a fractured left wrist in a workplace accident.

The employer offered modified duties, but the worker was unable to perform them due to severe swelling and pain in his ankle, which required elevation.

The Appeals Resolution Officer found that the medical evidence and the worker's credible testimony supported that he was totally impaired during this period.

The appeal was allowed, and the worker was granted full LOE benefits for the disputed period, less two days worked.

The worker appealed the denial of chronic pain disability (CPD) entitlement and the reduction of loss of earnings (LOE) benefits following the closure of Work Transition (WT) services.

The Appeals Resolution Officer found that the worker's pain complaints were predominantly organic and inconsistent with the CPD policy criteria.

Furthermore, the worker was found employable in the suitable occupation of Customer Service Clerk on a full-time basis, justifying the reduction in LOE benefits.

The appeal was denied.

The worker, a postal carrier, appealed a decision denying initial entitlement for a pelvis and left knee injury allegedly resulting from a slip and fall on ice at work in January 2016.

The worker did not seek medical attention until February 2017, at which time she was diagnosed with a pelvic stress fracture and underwent surgery.

The Appeals Resolution Officer dismissed the appeal, finding that the worker's ability to perform regular duties for over a year without medical attention or documented continuity of complaints meant proof of accident was not established.

The worker appealed decisions denying entitlement for a left wrist injury, granting a 10 percent non-economic loss (NEL) award for chronic pain disability (CPD), and denying full loss of earnings (LOE) benefits.

The Appeals Resolution Officer denied the left wrist entitlement due to a lack of timely reporting and continuity.

The 10 percent NEL award for CPD was confirmed as accurately reflecting the worker's mild impairment.

The request for full LOE benefits was denied, as the worker was found capable of minimum-wage employment in a suitable occupation; however, the partial LOE benefit rate was adjusted to reflect the actual minimum wages in effect between August 2014 and October 2016.

The worker, a 16-year-old cherry processor, objected to a decision denying initial entitlement for a right eye injury sustained when a co-worker threw a piece of wood at him.

The initial decision found the worker had participated in a fight and thus removed himself from the course of employment.

The Appeals Resolution Officer allowed the appeal, finding that the worker's verbal response to the co-worker's derogatory taunts did not constitute a fight under WSIB policy.

The worker was actively performing his regular job duties when assaulted, and was therefore in the course of his employment when injured.

The worker suffered a compensable head and neck injury in 2011 after being struck by a robotic arm.

She received loss of earnings benefits and a non-economic loss award for a permanent cervical spine impairment.

The worker subsequently sought extended entitlement for psychotraumatic disability and chronic pain disability.

The Appeals Resolution Officer denied the appeal, finding no objective medical evidence of a compensable psychological condition or chronic pain disability, noting the worker had successfully returned to full-time regular employment and her pain complaints were consistent with her accepted organic injury.

The worker objected to the 15 percent non-economic loss (NEL) award granted for chronic pain disability (CPD) following a workplace accident.

The worker's representative argued that the impairment rating should be classified in the high end of the Moderate Impairment category rather than the Mild Impairment category.

The Appeals Resolution Officer reviewed the medical evidence, including a psychiatric report and the worker's testimony at a prior WSIAT hearing, and found that the worker's condition aligned with the Mild Impairment category.

The appeal was denied and the 15 percent NEL award was confirmed.