Nancy Mazza

The worker, a teacher, appealed a Case Manager's decision denying entitlement to benefits for Traumatic Mental Stress (TMS) and Chronic Mental Stress (CMS).

The worker alleged their mental health deteriorated due to the employer's failure to provide necessary resources and alleged mistreatment by a superintendent.

The Appeals Resolution Officer dismissed the appeal, finding no evidence of an objectively traumatic event to support a TMS claim.

Furthermore, the CMS claim was denied because the stressors identified by the worker, including lack of resources and employment status disputes, fell within the normal actions and decisions of the employer relating to the employment function, rather than substantial work-related stressors.

The worker appealed an eligibility adjudicator's decision denying initial entitlement for a left leg injury.

The worker, an undocumented roofer, alleged their left leg was crushed between two roofing kettles in the employer's yard.

The employer denied knowledge of the accident.

The Appeals Resolution Officer found the worker's testimony credible and supported by circumstantial evidence, including text messages from co-workers and a reasonable explanation for the delay in seeking medical treatment.

The appeal was allowed, and initial entitlement for a left knee contusion was granted.

The worker appealed a Case Manager's decision denying loss of earnings (LOE) benefits during a temporary work disruption (TWD) from November 29, 2021 to December 6, 2021.

The worker had been receiving full LOE benefits prior to the TWD and was scheduled to return to modified work on graduated hours on November 29, 2021, but the plant temporarily shut down.

The Appeals Resolution Officer allowed the appeal, finding that under WSIB Operational Policy 15-06-02, the worker's full LOE benefits should be maintained during the TWD because the worker did not resume modified work and their level of impairment remained stable.

The worker, a law enforcement officer, suffered a left shoulder dislocation while striking a heavy bag during tactics training.

The WSIB initially allowed the claim but later determined the worker had reached maximum medical recovery and denied entitlement for recommended stabilization surgery, attributing the need for surgery to a pre-existing condition.

The worker appealed.

The Appeals Resolution Officer found that while the surgery was primarily required to address chronic, non-occupational instability, the workplace accident significantly contributed to the timing of the surgical recommendation.

The appeal was allowed, granting entitlement to the surgery as a "once only repair" under WSIB policy, though with no entitlement to a permanent impairment award.