Neil Clark

The worker, a civilian police employee, appealed the denial of initial entitlement to benefits for chronic and traumatic mental stress injuries.

The worker developed post-traumatic stress disorder (PTSD) and alcohol use disorder after repeatedly viewing graphic and traumatic body camera footage as part of their duties in the body camera analysis unit.

The Appeals Resolution Officer found that the repeated exposure to traumatic events constituted a substantial work-related stressor that was the predominant cause of the worker's PTSD.

The appeal was allowed in part, granting entitlement for the chronic mental stress injury and PTSD, but denying entitlement for the alcohol use disorder, which was found to be a pre-existing and non-compensable condition.

The worker's estate appealed a decision determining the quantum of the worker's Non-Economic Loss (NEL) benefit for mixed dementia, Alzheimer's disease, and vascular type dementia at 45%.

The worker had been exposed to McIntyre Powder and suffered multiple head injuries during their employment as an underground miner.

The central issue was whether the worker's impairment required 'some supervision and/or direction' (warranting a 20-45% rating) or 'directed care under confinement' (warranting a 50-90% rating) under the AMA Guides.

The Appeals Resolution Officer found that the extensive family and community support required to sustain the worker's independent living amounted to directed care.

The appeal was allowed, and the NEL benefit quantum was increased to 50%.

The worker appealed a Case Manager's decision which determined that their compensable concussion and post-concussion-related symptoms had reached maximum medical recovery with no permanent impairment.

The Appeals Resolution Officer reviewed the medical evidence, including reports from neurologists and a pain specialist, which confirmed ongoing symptoms such as headaches, photophobia, and cognitive concerns directly attributable to the workplace injury.

The Appeals Resolution Officer found that the worker's condition had not resolved and had reached a plateau in recovery as of February 16, 2021.

The worker's objection was allowed, and the worker was found entitled to a Non-Economic Loss (NEL) benefit assessment.

The worker appealed a Case Manager's decision denying loss of earnings benefits during a temporary layoff.

The worker had previously suffered a compensable injury and was receiving loss of earnings benefits prior to the layoff.

The Appeals Resolution Officer found that, in accordance with Operational Policy 15-06-02, the worker was entitled to maintain the loss of earnings benefits they were receiving at the start of the temporary work disruption.

The worker's compensable restrictions precluded them from performing the essential duties of their pre-injury position or seeking new employment through their union hall.

The appeal was allowed.

The worker, a paramedic, appealed a decision denying entitlement to benefits for post-traumatic stress disorder (PTSD), traumatic mental stress, and chronic mental stress.

The worker alleged that their PTSD was caused by traumatic events experienced during their employment.

The Appeals Resolution Officer found that the contemporary medical evidence and the worker's prior reporting indicated that the worker's mental stress injury was primarily caused by interpersonal conflicts and the employer's decisions or actions that are part of the employment function, such as promotions and leaves of absence.

As these factors are excluded from entitlement under the relevant operational policies, the presumption of work-relatedness for PTSD was rebutted, and the appeal was denied.