M. Palmieri

The worker objected to the denial of full loss of earnings (LOE) benefits from August 20, 2007, following a workplace injury to his low back and subsequent depression.

The worker argued that his physical injury and depression rendered him unemployable.

The Appeals Resolution Officer reviewed the medical evidence and concluded that the worker was partially impaired, not totally impaired, and was capable of working 20 hours per week.

The objection was allowed in part, granting partial LOE based on a 20-hour work week.

The worker objected to the denial of supplementary benefits, a medical cane, a non-economic loss (NEL) redetermination, and the calculations and effective date of future economic loss (FEL) benefits following a 1997 low back injury.

The Appeals Resolution Officer denied the NEL redetermination and cane, finding no significant deterioration in the worker's condition.

The request for supplementary benefits beyond September 2010 was also denied, as the worker had received sufficient labour market re-entry training for a suitable occupation.

However, the officer allowed the objection in part by adjusting the FEL D1 retroactive date to April 1, 2009, the date the worker was permanently laid off and placed on full benefits.

The worker appealed a decision denying his claim for a shoulder injury because it was filed beyond the six-month time limit under the Workplace Safety and Insurance Act.

The worker argued that he had completed a Form 6 with his union's assistance within the time limit, but it was not registered due to an administrative error.

The Appeals Resolution Officer found insufficient evidence to explain why the initial forms were not received by the Board and noted no record of phone contact until over two years after the alleged accident.

The objection was denied, and the time limit was not waived.