L. Cirillo

The worker objected to a Case Manager's decision denying entitlement for an exacerbation of a pre-existing lower back condition and ongoing entitlement for a lower back strain.

The worker, who had a long-standing history of back issues, tripped and twisted her back at work.

The Appeals Resolution Officer found that the workplace accident caused a minor strain that had since resolved, and did not aggravate the worker's pre-existing spondylolisthesis and degenerative disc disease.

The ongoing impairment and need for surgery were attributed to the natural progression of the pre-existing condition.

The objection was denied.

The worker appealed a Case Manager's decision denying Loss of Earnings (LOE) benefits from December 27, 2017 to March 9, 2018, following a workplace slip and fall that resulted in a lower back injury.

The employer maintained they were not provided with updated restrictions and did not offer modified work.

The Appeals Resolution Officer found that the worker remained disabled and unable to perform his regular duties during the period in question, and that the employer failed to offer suitable modified work despite being aware of the injury.

The worker's appeal was allowed, and full LOE benefits were granted for the disputed period.

The worker appealed several decisions regarding her entitlement to benefits following a work-related psychological injury (PTSD).

The Appeals Resolution Officer found that the worker's secondary gastrointestinal symptoms were causally linked to her accepted psychological condition.

The Officer also determined that the worker was totally disabled and unable to participate in a graduated return to work plan, entitling her to full Loss of Earnings benefits from April 2016 onward.

Furthermore, the date of Maximum Medical Recovery was adjusted to November 2016, and the worker's Non-Economic Loss award for psychotraumatic disability was increased from 25% to 35%.

The worker suffered a minor head injury at work when struck by a falling wire holder.

A few hours later, he collapsed from a ventricular fibrillation (VF) cardiac arrest.

The worker sought initial entitlement for the cardiac impairment, arguing the head injury was a significant contributing factor.

The Appeals Resolution Officer denied the appeal, finding the head injury was minor and did not cause direct chest trauma or irregular cardiac rhythm as required by WSIB Operational Policy 15-03-10.

The evidence indicated the VF arrest was more likely related to the worker's pre-existing congenital heart defect rather than the workplace accident.