M. Kalbfleisch

The worker appealed a decision denying him full loss of earnings (LOE) benefits from July 31, 2009, following a low back injury.

The worker claimed he was unable to perform any work after an exacerbation of his injury on July 30, 2009.

The employer argued that suitable modified work was available and presented video surveillance showing the worker performing physical activities at his cottage.

The Appeals Resolution Officer found that the worker was totally disabled and entitled to LOE benefits from August 14, 2009, based on medical evidence, until October 10, 2009, when the video surveillance demonstrated he had regained the physical capacity to attempt the modified work offered by the employer.

The objection was allowed in part.

The worker requested an extension of the time limit to appeal three decisions from 1993, 1995, and 1999 denying entitlement for chronic pain, neck, and back injuries.

The worker argued that her previous representative went out of business, she had limited English skills, and she suffered from health and personal problems.

The Appeals Resolution Officer denied the extension, finding no evidence that the worker was incapacitated to the point of being unable to submit a timely appeal, and noting that the delay was significant and due to inattentiveness.