M. Elliott

Worker v. Employer, 2015 CanLII 57387

Worker's appeal for shoulder injury entitlement denied due to lack of evidence of workplace accident.

The worker appealed the denial of entitlement for a left shoulder injury allegedly sustained on April 24, 2013, while performing regular duties.

The worker claimed the injury resulted from over-exertion due to understaffing, but did not report the injury until nearly two weeks later.

The Appeals Resolution Officer found insufficient evidence of a workplace accident or disablement, noting the employer's evidence that overtime was available but not requested, and that the worker's symptoms were likely attributable to pre-existing degenerative disc disease.

The worker's objection was denied.

OWSIBAug 21, 2015

Worker v. Employer, 2015 CanLII 39605

Time limit to appeal Case Manager decision extended as issues were inextricably linked to subsequent decisions.

The worker, a police officer who sustained a shoulder injury during taser training, requested an extension of the time limit to appeal a Case Manager's decision dated February 14, 2011.

The Appeals Resolution Officer granted the extension, finding that the worker had demonstrated an intent to object and that subsequent decisions regarding maximum medical recovery and permanent impairment were inextricably linked to the initial denial of the recurrence and labral tear.

OWSIBJun 23, 2015

Worker v. Employer, 2015 CanLII 38638

Worker granted Loss of Earnings Benefits as medical evidence supported inability to perform modified duties.

The worker, an office employee, sustained a low back injury while performing heavy lifting outside his regular duties.

He was offered modified duties but declined based on his physician's recommendation to remain off work due to lumbar spasm and sciatica.

The Appeals Resolution Officer found that the objective medical evidence supported the worker's inability to perform any work activities during the claimed period.

The worker's objection was granted, and he was awarded Loss of Earnings Benefits from July 9 to July 16, 2014.

OWSIBJun 9, 2015

Worker v. Employer, 2015 CanLII 38639

Worker denied recurrence benefits as disc herniation was degenerative and incompatible with original soft tissue injury.

The worker appealed a decision denying entitlement to a recurrence and Loss of Earnings Benefits for a neck condition.

The worker originally suffered a soft tissue neck strain at work in March 2013.

In March 2014, the worker sought benefits for a disc herniation and osteophyte complex requiring surgery.

The Appeals Resolution Officer found that the disc condition was degenerative and not clinically compatible with the original soft tissue injury.

The appeal was denied.

OWSIBApr 16, 2015

Worker v. Employer, 2015 CanLII 57387

Worker v. Employer, 2015 CanLII 39605

Worker v. Employer, 2015 CanLII 38638

Worker v. Employer, 2015 CanLII 38639

for the Employer

for the Worker

Decision types