M. Barbeau

The worker appealed decisions denying a course of physiotherapy and confirming a 3% non-economic loss (NEL) quantum for a left knee meniscal tear and patellofemoral syndrome.

The Appeals Resolution Officer found that while the worker's ITB syndrome was not compensable, her patellar tendinopathy was medically compatible with the compensable injury, entitling her to physiotherapy.

The 3% NEL quantum was confirmed as it correctly applied the AMA Guides to the 7% lower extremity impairment.

The appeal was allowed in part.

The worker objected to decisions determining she was partially impaired and capable of earning $10.25/hour over a 20-hour work week in the suitable occupation of customer service representative.

The worker sought a finding of total impairment and full Loss of Earnings benefits.

The Appeals Resolution Officer reviewed the expanded areas of entitlement, which included a 3% non-economic loss award for the left upper extremity, in addition to previous awards for the right upper extremity and psychotraumatic impairment.

The Officer found that the worker remained partially impaired and that the part-time suitable occupation was safe, consistent with her functional abilities, and available in the labour market.

The worker's objection was denied.

The employer objected to a decision allowing the worker entitlement for a non-work-related second injury that occurred at home.

The worker, who had a compensable lower back condition, fell down a flight of stairs when her left leg gave out.

The Appeals Resolution Officer found that the worker's fall was caused by her ongoing compensable thoracolumbar condition, noting medical evidence of left leg weakness and decreased balance.

The employer's objection was denied and entitlement for the second injury was upheld.

The worker objected to a decision terminating his Labour Market Re-entry (LMR) plan for non-cooperation, which reduced his Loss of Earnings (LOE) benefits from full to partial based on projected full-time earnings as a Cashier/Gas Bar Attendant.

The worker argued he was only capable of working 20 hours per week due to his low back condition.

The Appeals Resolution Officer found that while the identified Suitable Employment or Business (SEB) was suitable and available, the medical evidence supported that the worker was only capable of sustained employment on a part-time basis.

The worker's objection was allowed in part, and partial LOE benefits were adjusted to reflect a 20-hour work week.

The worker, a truck driver, suffered a right knee injury in 2005 when struck by a falling load.

He did not lose time from work.

In 2008, he sought ongoing entitlement for his right knee and initial entitlement for a low back condition, claiming they were related to the 2005 accident.

The Appeals Resolution Officer denied the appeal, finding that the current right leg symptoms were likely related to the low back rather than the original knee strain, and that there was no evidence the low back was injured in the 2005 accident.

The worker objected to the WSIB's decisions changing her Suitable Employment or Business (SEB) to Customer Service Representative and closing her Labour Market Re-entry (LMR) plan for non-cooperation.

The Appeals Resolution Officer found the Customer Service Representative SEB unsuitable due to the worker's medical precaution against prolonged sitting.

Furthermore, while the worker reduced her LMR attendance hours, this non-cooperation was justified by legitimate medical reasons, specifically increased low back and neuropathic pain.

The worker's objection was allowed, full Loss of Earnings benefits were restored, and the file was returned to reconsider the original SEB of Administrative Support Worker.