M. E. Ryczko

The worker objected to a decision denying her loss of earnings (LOE) benefits beyond April 25, 2005, following a slip and fall injury in the employer's parking lot.

The Appeals Resolution Officer found that the worker was unable to perform her pre-injury duties and that the employer failed to offer suitable modified work.

The worker made reasonable efforts to mitigate her wage loss by securing alternate employment.

The objection was allowed, granting full LOE benefits for the disputed period and directing an evaluation for permanent impairment.

The worker suffered a compensable low back injury in 2003 and subsequently developed significant ongoing difficulties, resulting in a 12% non-economic loss award and full loss of earnings benefits.

The worker's family doctor recommended custom orthotics to improve gait and alleviate pain.

The WSIB initially denied entitlement based on a medical consultant's opinion that orthotics were not necessary.

On appeal, the Appeals Resolution Officer preferred the opinion of the treating family doctor over the medical consultant, finding that the orthotics were a necessary and appropriate health care expense.

The worker's objection was allowed and entitlement to custom orthotics was granted on a one-time-only basis.