M. De Marco

The worker sustained a crush injury and fracture to his left thumb at work and was placed on modified duties.

He was subsequently permanently laid off.

The WSIB awarded Loss of Earnings (LOE) benefits from the date of layoff until he found alternative employment.

The employer objected to the payment of LOE benefits.

The Appeals Resolution Officer denied the employer's objection, finding that the worker's employability was clearly affected by the work-related impairment and associated restrictions at the time of the layoff, entitling him to LOE benefits under WSIB policy.

The worker, a body shop repairman for 25 years, appealed a decision denying entitlement for bilateral carpal tunnel syndrome.

The Appeals Resolution Officer found that the worker's heavy use of vibratory tools and repetitive wrist movements were a significant contributing factor to the development of the condition.

The appeal was allowed, establishing a causal relationship between the employment and the disablement, with the accident date amended to March 25, 1998.

The worker objected to the quantum of a 25% non-organic award and a 3% right groin award, as well as the dating of arrears, following a 1985 workplace injury.

The Appeals Resolution Officer reviewed the medical evidence and Board policies regarding psychotraumatic disability.

The officer found that the worker's psychological condition fell into Category 3 (Major Impairment) and increased the non-organic award to 30%, adjusting the arrears date accordingly.

The 3% award for the right groin was upheld as accurately reflecting the level of disability.

The worker's objection was allowed in part.

The worker, a baker and cake decorator, developed a right shoulder injury diagnosed as a repetitive strain.

She sought Loss of Earnings (LOE) benefits for a 10-day period when her physician authorized her off work.

The WSIB denied the benefits, concluding that the employer had provided suitable modified employment that accommodated her restrictions.

The Appeals Resolution Officer upheld the denial, finding that the medical evidence did not support total disability and that the worker failed to cooperate with the early and safe return to work process by refusing the bona fide offer of suitable modified employment.

The employer objected to the granting of initial entitlement to a worker for a neck and left shoulder strain.

The worker, a nutritional aide, developed the condition gradually due to repetitive lifting and handling of dishwasher racks.

The Appeals Resolution Officer found that the condition was a disablement arising out of and in the course of employment, as there was a causal relationship between the impairment and the nature of the work performed.

The employer's objection was denied.

The worker appealed a decision denying continued entitlement and a Non-Economic Loss (NEL) assessment for a lower back condition allegedly related to a 1995 workplace accident.

The Appeals Resolution Officer found that the worker had fully recovered from the minor 1995 injury shortly after the accident.

Medical evidence showed an 11-year gap in treatment and indicated that the current back issues were due to degenerative changes and a non-occupational incident in 2002.

The appeal was denied as no causal relationship was established.

The worker objected to the denial of Loss of Earnings (LOE) benefits for the period between June 1, 2009, and July 7, 2009.

The worker had an accepted claim for right carpal tunnel syndrome and underwent decompression surgery on July 7, 2009.

The Appeals Resolution Officer found that prior to the workplace shutdown on June 1, 2009, the worker was performing his regular duties without accommodation.

The officer concluded that the worker's wage loss during the disputed period was caused by the employment situation (the shutdown/strike) rather than the compensable injury, and noted there was no medical authorization for lost time prior to late June.

The objection was denied.

The worker objected to the quantum of a 15% permanent impairment award for a lower back injury sustained in 1984.

The worker argued the award did not adequately recognize the level of disability.

The Appeals Resolution Officer reviewed the medical evidence, including a May 2009 reassessment and reports from the attending physician, and found the objective clinical findings were consistent with a 15% award.

The worker's objection was denied.

The worker, an industrial cleaner, suffered a back injury after slipping and falling at work.

The WSIB initially denied Loss of Earnings (LOE) benefits for the period of July 29, 2008 to August 25, 2008, concluding the worker was not totally disabled and modified duties were available.

The worker appealed.

The Appeals Resolution Officer allowed the appeal, finding that the medical evidence demonstrated the worker was in the acute phase of recovery and totally disabled during that period.

The worker was following his physician's instructions not to return to work, thereby complying with his obligations under the Workplace Safety and Insurance Act.