Rod Cotter

The worker appealed a case manager's decision denying loss of earnings (LOE) benefits from June 10, 2022, following a right shoulder injury.

The worker argued that the modified duties offered by the employer exceeded their functional abilities, leading to further injury.

The Appeals Resolution Officer found that while suitable work was offered on paper, the worker was assigned tasks outside their restrictions, justifying LOE benefits for specific periods.

The appeal was allowed in part, granting LOE benefits from June 10 to July 6, 2022, and from July 15 to October 31, 2022.

The worker appealed a case manager's decision to temporarily suspend their loss of earnings (LOE) benefits.

The case manager had suspended the benefits on the basis that the worker was unable to participate in psychological treatment for their compensable PTSD due to a non-compensable concussion.

The Appeals Resolution Officer allowed the appeal, finding that the worker's concussion only prevented treatment for a brief period, and that the WSIB failed to provide the required notice of non-co-operation before suspending benefits.

The worker was entitled to full LOE for the suspended period.

The worker appealed a case manager's decision denying loss of earnings (LOE) benefits from November 29, 2021, following a right shoulder injury.

The worker argued that the modified duties offered by the employer were not within their functional abilities.

The Appeals Resolution Officer found that the employer had identified suitable work that could be completed with one arm, and that the worker had declined to participate in the return-to-work process.

The worker's objection was denied, and LOE benefits were not granted.