R. P. Horne

The employer objected to the WSIB's decision granting the worker initial entitlement for a low back injury.

The employer argued that the worker's delayed reporting and lack of continuity of complaint undermined proof of an accident.

The Appeals Resolution Officer dismissed the employer's objection, finding that the worker's immediate onset of pain, hospital records, and compatibility between the accident history and the diagnosed lumbar strain established proof of accident despite the short delay in reporting.

The worker appealed a decision denying entitlement for a right shoulder injury and terminating her full Loss of Earnings (LOE) benefits.

The Appeals Resolution Officer found that the right shoulder injury was a compensable secondary injury resulting from the worker's reliance on her upper body due to her compensable low back condition.

Furthermore, based on medical and psychological evidence indicating the worker was totally disabled and unable to participate in labour market re-entry, the Officer granted full LOE benefits from February 28, 2010, and directed the operating area to rule on permanent psycho traumatic disability.

The worker suffered a psycho-traumatic reaction to a workplace incident in 1980 and was granted a 15% permanent disability award.

In 2010, she sought a reassessment, claiming her condition had deteriorated.

The Appeals Resolution Officer found that while the worker's symptoms of anxiety and depression had worsened, the medical evidence indicated this was precipitated by a new, non-compensable cerebral vascular event (stroke) in 2009, rather than a deterioration of her work-related condition.

The request for a permanent disability reassessment was denied.

The worker, a personal support worker, appealed a decision denying entitlement for a low back injury allegedly sustained while carrying light garbage bags at work.

The Appeals Resolution Officer reviewed conflicting accident histories and found insufficient evidence to establish a definable chance event occasioned by a physical or natural cause.

The officer also concluded that the injury did not meet the definition of a disablement, as there was no evidence of a gradual onset or that the working duties caused the condition.

The worker's objection was denied, and no entitlement was granted.

The worker, a 70-year-old former sheet metal worker, was accepted for work-related asbestosis and chronic obstructive pulmonary disease with an accident date of February 4, 2005.

The worker objected, arguing the accident date should be March 1979 when he was treated for a lung condition.

The Appeals Resolution Officer denied the objection, finding that the 1979 episode was a viral infection and there was no continuity of symptoms compatible with the work-related conditions until the mid-2000s.

The accident date was confirmed as February 8, 2005.

The worker, a 37-year-old seamstress, suffered a compensable bilateral hand and wrist injury (tendonitis) in 2004.

After a labour market re-entry plan, she was deemed capable of working as an accounting clerk, but subsequent work attempts exacerbated her condition and led to major depressive disorder.

The Appeals Resolution Officer found the accounting clerk role unsuitable due to her permanent restrictions against repetitive arm use.

The Officer also granted entitlement for psycho-traumatic disability, finding her depression was directly related to the workplace injury and chronic pain.

Full Loss of Earnings (LOE) benefits were restored retroactively to September 2009 and directed to continue to age 65, as the worker was found completely disabled from work.

The worker, a Sterilizing Processing Department Attendant, appealed a decision denying entitlement for an ankle injury sustained while turning at a workstation.

The Appeals Resolution Officer considered whether the incident constituted an 'accident' under the Workplace Safety and Insurance Act.

The Officer found that the simple act of turning without a slip or twist did not constitute a 'chance event' under the Act.

However, the Officer remitted the matter to the operating area to gather more information and determine whether the injury could be considered a disablement arising gradually over time due to repetitive work duties.

The worker suffered a right elbow fracture after slipping and falling at work in 2003.

After years of modified duties, the employer could no longer accommodate her restrictions.

The WSIB operating area denied a permanent impairment due to the lack of a confirmed organic diagnosis for her ongoing pain.

On appeal, the Appeals Resolution Officer found that the worker's ongoing symptoms were causally linked to the workplace accident.

Applying the WSIB's Chronic Pain Disability policy, the Officer concluded the worker met all five criteria for entitlement, recognizing a permanent impairment and directing a Non-Economic Loss assessment.

The worker objected to a decision denying entitlement for a low back injury sustained at work on January 28, 2010, and sought loss of earnings benefits for time off work starting February 21, 2010.

The initial denial was based on a three-week delay in seeking medical attention.

The Appeals Resolution Officer found that the worker had self-treated the injury and continued working in pain.

Applying WSIB policies on initial entitlement and recurrences, the Officer concluded there was clinical compatibility between the original injury and the condition that caused the lost time, with no evidence of an intervening event.

The objection was granted, and loss of earnings benefits were awarded.