M. Mraz — Appeals Manager

Worker v. Employer, 2015 CanLII 24893

Worker's appeal for recurrent hernias and further loss of earnings benefits denied as non-compensable.

The worker objected to a decision denying entitlement for recurrent bilateral hernias and Loss of Earnings (LOE) benefits from April 8, 2012.

The worker had previously suffered compensable bilateral inguinal hernias requiring surgery.

Following a return of symptoms, a recurrent right-sided hernia was identified.

The Appeals Manager found that the recurrent hernia was not work-related, noting the onset of symptoms occurred while the worker was off work and the rarity of bilateral hernias suggested a personal predisposition.

As the recurrence was not compensable and the worker had recovered from the initial injury, entitlement to further LOE benefits was denied.

OWSIBApr 17, 2015

for the Employer

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for the Worker

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