L. Lum

The worker objected to an adjudicator's decision denying a non-economic loss (NEL) redetermination for various upper extremity impairments.

The Appeals Resolution Officer reviewed medical evidence, including reports from a physiotherapist and an orthopaedic surgeon.

The Officer found that the worker developed right Guyon's canal syndrome secondary to his compensable right carpal tunnel syndrome and lateral epicondylitis, entitling him to a redetermination.

Furthermore, the Officer found objective evidence of significant deterioration in both the right and left elbows, warranting a NEL redetermination for those areas as well.

The worker's objection was allowed in part.

The worker appealed the denial of secondary entitlement for left lateral epicondylitis and initial/secondary entitlement for left shoulder tendonitis.

The worker originally suffered a right wrist tendonitis from repetitive strain while cutting and sorting custom goalie pads.

Due to the right upper extremity injury, the worker relied more heavily on her left upper extremity at work and at home, including driving a manual transmission vehicle without power steering.

The Appeals Resolution Officer found that the worker developed a myofascial pain syndrome of the left upper extremity secondary to the accepted work-related injuries, and that the pre-injury duties aggravated a pre-existing disc herniation.

The worker's objection was allowed.

The worker, a part-time firefighter, suffered a workplace injury to both knees in 2002 and received initial benefits.

He later sought ongoing entitlement for bilateral knee conditions and surgeries.

The Appeals Resolution Officer found that the worker had fully recovered from the initial injury by December 2002, noting a lack of medical continuity and evidence of a subsequent non-work-related accident in 2004.

The objection was denied as no causal relationship was established between the current knee condition and the original workplace injury.

The worker, a restaurant server, slipped on water in the kitchen and injured his right knee five minutes after signing out from his shift.

Initial entitlement was denied on the basis that he was not in the course of his employment.

The Appeals Resolution Officer allowed the worker's objection, finding that the brief interlude of personal conversation on the employer's premises shortly after the shift ended did not take the worker out of the course of employment.

The worker appealed decisions denying entitlement for fibromyalgia, discontinuing temporary disability benefits, finding offered work suitable, and setting the quantum of a non-economic loss (NEL) redetermination.

The worker had sustained a compression fracture in 1991 and subsequently developed a chronic pain disability and reactive depression.

The Appeals Resolution Officer found that the worker's impairment of the whole person was more appropriately rated at 30% retroactive to July 2, 1992, rather than the previously assessed 10% or 20%.

The Officer also determined that the work offered by the employer was not within the worker's functional abilities because pain limitations had not been considered.

Consequently, the worker was granted temporary total disability benefits for the disputed period and full future economic loss (FEL) benefits continuing from December 1, 1994.

The claim for fibromyalgia was denied due to insufficient evidence of widespread pain.

The worker suffered a compensable lower back compression fracture in 1991 and subsequently developed chronic pain and reactive depression.

The WSIB initially denied temporary total disability benefits and full future economic loss benefits on the basis that the worker refused suitable work.

The worker appealed, seeking entitlement for fibromyalgia, temporary disability benefits, full future economic loss benefits, and an increased non-economic loss (NEL) award.

The Appeals Resolution Officer allowed the appeal in part, finding insufficient evidence for fibromyalgia but concluding that the offered work was not within the worker's functional abilities due to her chronic pain disability.

The Officer awarded temporary total disability benefits for the disputed period, full future economic loss benefits ongoing, and increased the NEL award to 30% retroactive to the date maximum medical recovery was reached.