M. Kimevski

The worker appealed a decision denying loss of earnings (LOE) benefits for various periods following a workplace neck injury.

The worker argued she was totally disabled and unable to perform the modified duties offered by the employer.

The Appeals Resolution Officer reviewed the medical evidence, including reports from the emergency physician and family doctor, and concluded the worker was only partially impaired.

The Officer found that the modified duties offered by the employer, which included polishing cutlery and working as a greeter, were safe, suitable, and within the worker's functional abilities.

The appeal was dismissed and the denial of LOE benefits was confirmed.

The worker, a Staff Sergeant at a Detention Centre, appealed the denial of initial entitlement for a mental stress injury (PTSD) claimed to be caused by workplace harassment and discrimination, particularly during her pregnancy.

The Appeals Resolution Officer reviewed numerous incidents, including denied developmental opportunities, vacation requests, and accommodation delays.

The Officer concluded that the events were either normal decisions and actions stemming from the employment function or interpersonal conflicts that did not rise to the level of being egregious, abusive, or objectively traumatic.

As the criteria for Traumatic Mental Stress and Chronic Mental Stress were not met, the appeal was dismissed.

The worker appealed the Eligibility Adjudicator's decision denying initial entitlement for a right shoulder injury.

The worker, a grocery store night crew clerk, claimed that repetitive overhead lifting and stocking shelves caused right rotator cuff tendonitis.

The Appeals Resolution Officer found the worker's testimony credible and consistent with medical evidence.

The evidence supported that the repetitive lifting of various weights, sometimes heavy and overhead, along with an increased workload during the holiday season, was a significant contributing factor to the injury.

The appeal was allowed and initial entitlement was granted.

The employer objected to the approval of loss of earnings (LOE) benefits up to March 20, 2017, and the denial of its request to reverse healthcare costs associated with the worker's assessments and treatment at a specialty program.

The worker had sustained a concussion and neck strain after being struck by a student.

The Appeals Resolution Officer found that the worker's ongoing impairment was significantly contributed to by the work-related injury, despite a pre-existing condition.

The LOE benefits and healthcare costs were deemed appropriate and the employer's objection was denied.

The worker appealed a decision denying entitlement to loss of earnings (LOE) benefits following a low back strain.

The worker argued that severe back pain prevented him from continuing modified duties.

The Appeals Resolution Officer found that the medical evidence supported the worker's capability to perform the suitable modified work offered by the employer immediately following the injury.

The appeal was dismissed, and LOE benefits were denied.

The worker appealed the denial of initial entitlement for left elbow and shoulder injuries sustained when she struck her elbow on a door lock at work.

The Eligibility Adjudicator initially denied the claim due to a lack of clear information on when medical attention was first sought.

The Appeals Resolution Officer found that the evidence, including the worker's testimony, the Employer's Report of Injury, and medical records, established proof of accident.

The worker's objection was allowed, and initial entitlement for the left elbow and left shoulder was granted.

The worker objected to a decision denying an extension of the time limit to appeal a January 10, 2006 decision regarding future economic loss benefits.

The Appeals Resolution Officer found that the worker had actual notice of the time limit, had no serious health problems preventing understanding of the time limit, and had not met the criteria for an extension.

The worker's objection was denied.

The worker, an automotive production worker, appealed the denial of entitlement for left thumb osteoarthritis and the determination that her compensable left wrist tenosynovitis had resolved.

The Appeals Resolution Officer found that the osteoarthritis was a pre-existing condition that had been denied in previous claims, and there was no compelling evidence that it was caused or accelerated by repetitive work.

Furthermore, a specialist assessment made no mention of ongoing tenosynovitis, confirming it had resolved.

The appeal was denied.

The worker appealed a decision denying her entitlement to benefits for traumatic mental stress (TMS).

The worker alleged that a superior sent her an inappropriate lewd picture, sent inappropriate text messages, and inappropriately touched her during a night shift.

The Appeals Resolution Officer found that while the picture was inappropriate, it did not qualify as an objectively traumatic event under the TMS policy.

The Officer noted significant inconsistencies in the worker's account of the events, a lack of corroborating evidence for the alleged touching, and evidence that the worker had engaged in joking behaviour with the superior that contradicted her claims of fear and intimidation.

The appeal was dismissed.