N. Norvack

The worker appealed a decision denying entitlement for left upper extremity and neck conditions.

The worker had an accepted claim for right lateral epicondylitis and claimed his left elbow and shoulder problems resulted from overcompensating and performing modified duties one-handed.

He also claimed his pre-existing cervical condition was aggravated by physiotherapy treatment for his compensable injuries.

The Appeals Resolution Officer allowed the appeal in part, granting entitlement for the left elbow and left shoulder as they were causally linked to the modified work duties.

However, ongoing entitlement for the cervical condition was denied, as the physiotherapy only caused a temporary aggravation of an underlying degenerative condition that had since returned to its natural progression.

The worker suffered a low back injury in 2003 and was later provided with Labour Market Re-entry services.

She withdrew from the program in 2008, claiming total disability due to physical and psychological conditions.

The Case Manager denied entitlement for chronic pain disability, post-traumatic stress disorder, and psychotraumatic disability, and terminated full loss of earnings benefits.

On appeal, the Appeals Resolution Officer found sufficient evidence to grant entitlement for psychotraumatic disability, noting the worker's depression was related to her pain disorder.

However, the worker was found capable of part-time minimum wage employment, entitling her to partial loss of earnings benefits rather than full benefits.

The worker appealed a decision reducing his permanent disability (PD) award for a left knee injury from 15% to 3% due to a pre-existing condition, and denying interest on the award.

The Appeals Resolution Officer found that while a significant pre-existing condition existed, the 3% rating was inappropriately low given the standard 5% rating for a torn meniscus without pre-existing conditions.

The PD award was increased to 5%.

Interest was denied on the original 3% award as it was not granted via an appeal overturn, but interest was granted on the additional 2% awarded in this decision.

The worker suffered a compensable right shoulder and wrist injury and was placed in a Labour Market Re-entry (LMR) program.

During the program, the worker developed left carpal tunnel syndrome (CTS), which he claimed was a secondary injury caused by overcompensating with his left hand for typing and daily activities.

The Appeals Resolution Officer denied the appeal, finding insufficient evidence that the worker's left-handed typing was excessively repetitive enough to cause CTS.

The Officer also noted the worker's pre-existing history of right CTS, suggesting a predisposition to the condition independent of repetitive workplace activities.

The worker objected to a decision confirming his partial loss of earnings (PLOE) benefits rate based on deemed earnings of $10.00 per hour.

The worker had suffered a low back impairment and was provided with Labour Market Re-entry (LMR) services, which were closed due to non-cooperation and absenteeism.

The Appeals Resolution Officer found that the worker remained partially disabled but had failed to fully participate in the LMR program, which would have improved his transferable skills.

The use of low-end earnings for the suitable employment or business was deemed correct, and the worker's objection was denied.