N. Francis — Appeals Resolution Officer

Worker v. Employer, 2022 CanLII 33325

Worker granted entitlement for right shoulder partial tear; employer's SIEF cost relief rescinded.

The worker, a dietary aide, appealed a Case Manager's decision denying entitlement for a right shoulder partial tear and granting the employer 25% Second Injury and Enhancement Fund (SIEF) relief.

The Appeals Resolution Officer found that the worker's job duties, which involved repetitive overhead lifting of heavy trays due to a change to fine dining service, were compatible with the diagnosis of a right shoulder partial tear.

Furthermore, the medical evidence did not support the existence of a pre-existing condition that would warrant SIEF cost relief.

The worker's objection was allowed, granting entitlement for the shoulder tear and rescinding the SIEF relief.

OWSIBMar 17, 2022

for the employer

employer representativeAgent
1 appearance

for the worker

Worker representativeAgent
1 appearance

1

Decisions

1

Years active

1

Tribunals

2022–2022

Active range

OWSIB1(100%)

Decision types

appeal

1