P. Luck

The worker appealed a decision denying ongoing entitlement for a right shoulder rotator cuff strain and secondary entitlement for a SLAP tear and subsequent surgery.

The Appeals Resolution Officer found that the accepted strain had fully resolved and that ongoing symptoms were related to pre-existing osteoarthritis and tendinosis.

The Officer also concluded that the SLAP tear was not causally linked to the workplace injury, as the mechanism of injury was not compatible with the diagnosis.

The appeal was dismissed.

The worker suffered a work-related fingertip amputation in 2008 and later underwent revision surgery on November 28, 2013.

The Case Manager initially paid loss of earnings (LOE) benefits until March 1, 2014, but a manager later rescinded all LOE benefits because the worker was unemployed at the time of surgery.

The worker appealed, seeking LOE benefits until he secured employment on June 9, 2014.

The Appeals Resolution Officer allowed the appeal, finding that the sole reason for the worker's loss of earnings was the surgery and recovery period, and that but for the surgery, he would have been available to accept work from his union hall.

The worker objected to a decision denying initial entitlement for a bilateral knee impairment, claiming it was aggravated by prolonged standing at work.

The Appeals Resolution Officer found no evidence of a work accident and noted a long history of non-compensable knee problems, multiple surgeries, and non-work-related accidents.

The officer concluded that the worker's duties did not cause or aggravate the degenerative condition, and denied the objection.

The worker objected to a decision denying a Non-Economic Loss (NEL) assessment, Loss of Earnings (LOE) benefits, and a Labour Market Re-entry (LMR) assessment following a 2005 workplace slip and fall that injured her left shoulder.

The Appeals Resolution Officer found evidence of deterioration and ongoing impairment despite two surgeries, warranting a new NEL review.

The Officer also found the pre-accident job unsuitable due to the worker's restrictions.

The objection was allowed in part, with the NEL and LMR assessments ordered, and the LOE issue remitted to the operating area pending a determination of maximum medical recovery.