S. Di Carlo

The worker, a detector dog handler, appealed the denial of initial entitlement for a cerebrospinal fluid (CSF) leak and intracranial hypotension.

The worker alleged the condition developed due to the high level of physical activity required in their duties, including running, bending, lifting, and twisting while handling a 70-pound dog.

The Appeals Resolution Officer found that the worker's duties were a significant contributing factor to the onset of the condition, satisfying the compatibility criteria under Operational Policy 11-01-01.

The appeal was allowed, and the issue of loss of earnings benefits was remitted to the Operating Area for further adjudication.

The worker appealed two decisions regarding their workplace injury claim: the 100 percent offset of their Canada Pension Plan (CPP) disability benefits from their loss of earnings benefits, and the 30 percent quantum of their non-economic loss (NEL) award for a psychotraumatic disability.

The Appeals Resolution Officer allowed the appeal in part.

The officer found that the CPP disability benefits were granted in part for a non-compensable back condition, and therefore reduced the offset to 33.33 percent.

However, the officer upheld the 30 percent NEL quantum, finding that the medical evidence supported a mid-range Class 3 moderate impairment rating for the worker's psychological condition.

The worker appealed a Case Manager's decision denying loss of earnings (LOE) benefits following his termination from the accident employer.

The worker had sustained a compensable right wrist injury and was performing modified duties at the time of his termination.

The employer terminated the worker citing multiple motor vehicle accidents and safety violations.

The Appeals Resolution Officer found that the termination was for cause and unrelated to the workplace injury, constituting an intervening event that broke the chain of causation.

The appeal was denied.

The worker appealed a Case Manager's decisions denying a permanent impairment for a concussion injury and denying entitlement for right optic neuropathy.

The Appeals Resolution Officer found that the worker had reached maximum medical recovery for the concussion but suffered a permanent impairment for post-concussion syndrome and posttraumatic migraines, entitling them to a Non-Economic Loss award.

However, the worker was not entitled to a permanent impairment for their right eye conditions, as the right optic neuropathy was determined to be a non-occupational condition likely due to microvascular issues rather than the workplace injury.

The appeal was allowed in part.

The worker appealed a Case Manager's decision that their compensable low back strain had fully resolved with no ongoing impairment as of December 14, 2021.

The Appeals Resolution Officer reviewed the medical evidence, including Functional Abilities Forms from the treating physiotherapist, which indicated ongoing physical limitations and an inability to resume pre-injury duties.

The Officer found no evidence that the worker had reached maximum medical recovery (MMR) and concluded the worker had ongoing entitlement.

The appeal was allowed and the matter remitted to the Operating Area for further adjudication regarding MMR and loss of earnings benefits.

The worker appealed a Case Manager's decision denying entitlement to Chronic Pain Disability (CPD) benefits following a workplace slip and fall that resulted in a right elbow fracture.

The Appeals Resolution Officer applied the five criteria under WSIB Policy 15-04-03.

While the worker met the criteria for having a work-related injury and pain persisting beyond the usual healing time, they failed to establish that the widespread chronic pain was caused by the right elbow fracture, that the degree of pain was inconsistent with organic findings, or that the chronic pain impaired their earning capacity.

The appeal was dismissed.

The worker appealed a Case Manager's decision denying entitlement to a permanent impairment for narcotic dependence and finding the suitable occupation of Library, Correspondence and Related Information Clerks remained suitable.

The Appeals Resolution Officer found that the worker had successfully weaned off narcotics and achieved maximum medical recovery without a residual permanent impairment for narcotic dependence.

As no permanent impairment was established, the ARO had no jurisdiction to reconsider the suitability of the occupation.

The appeal was denied.

The worker, a school bus driver, suffered injuries after hitting a pothole and from repetitive job duties.

She was awarded a 36% Non-Economic Loss (NEL) benefit, which was subsequently reduced by 50% due to a pre-existing condition.

The worker appealed the apportionment.

The Appeals Resolution Officer found that the medical evidence did not support a major pre-existing condition, such as fibromyalgia, prior to the workplace injury.

The degenerative findings were deemed minor and asymptomatic before the accident.

Therefore, in accordance with WSIB policy, the minor pre-existing condition did not warrant a reduction of the NEL benefit.

The worker's appeal was allowed, and the full 36% NEL quantum was reinstated.

The worker, a utility arborist, appealed the Eligibility Adjudicator's decision denying initial entitlement for a right hip injury.

The worker experienced gradual onset right hip pain while performing heavy physical duties, including bucket pruning and tree climbing, but delayed seeking medical attention while attempting to work through the pain.

The Appeals Resolution Officer found the worker's testimony credible, accepted the reasons for the delay in seeking medical attention, and concluded that proof of accident and compatibility were established for right hip bursitis and tensor fascia lata syndrome.

The worker's objection was allowed.

The worker, a correctional officer, appealed the denial of initial entitlement for a mental stress injury, claiming Chronic Mental Stress (CMS) and Posttraumatic Stress Disorder (PTSD) resulting from workplace harassment and bullying.

The Appeals Resolution Officer denied the appeal.

Entitlement for CMS was denied because the worker's symptoms pre-dated the transitional provision period and the alleged interpersonal conflicts did not meet the threshold of a substantial work-related stressor or workplace harassment.

Presumptive entitlement for PTSD was rebutted because the worker attributed her condition to workplace harassment and employment functions rather than traumatic employment exposures, and significant non-work-related stressors were present.

The employer appealed a Case Manager's decision denying Second Injury and Enhancement Fund (SIEF) cost relief following a worker's workplace injury.

The worker suffered a low back strain and right epicondylitis after a pipe slipped while securing a load.

The Appeals Resolution Officer found the accident was of moderate severity and concluded there was no medical evidence that the worker's pre-existing conditions, including a prior disc herniation and psychological issues, caused the accident or prolonged the recovery.

The employer's objection was denied.