S.M Elliott

The worker appealed the loss of earnings (LOE) lock in quantum and the denial of a non-economic loss (NEL) award redetermination.

The Appeals Resolution Officer found that the worker's physical impairment limited him to working a maximum of 25 hours per week, altering the LOE lock in calculation accordingly.

However, the request for a NEL redetermination was denied as there was no objective medical evidence of a significant permanent deterioration in the worker's condition.

The worker appealed the denial of supplementary benefits under s. 147 of the Workplace Safety and Insurance Act following a workplace knee injury.

The Appeals Resolution Officer found that while the worker did not qualify for a labour market re-entry plan and s. 147(2) benefits because he only needed to earn minimum wage to approximate his pre-injury earnings, his physical restrictions precluded him from sustaining typical minimum wage employment.

Consequently, the worker was granted supplementary benefits under s. 147(4) effective July 6, 2009.

The worker suffered a low back injury in 1989 and was subsequently granted a 20% permanent disability award.

The worker appealed a decision denying entitlement to chronic pain disability (CPD) and psychotraumatic disability benefits.

The Appeals Resolution Officer found that the worker's pain symptoms were consistent with the organic findings of her physical injury, thus not meeting the criteria for CPD.

Furthermore, the worker's depression and psychological symptoms were deemed to be a reaction to her injury and coping difficulties, rather than a direct psychotraumatic disability arising from a severe accident or treatment.

The appeal was dismissed and both entitlements were denied.

The worker appealed a decision denying entitlement for a right shoulder impairment and ongoing chiropractic treatment, which he claimed were related to a 2005 repetitive strain injury from keyboarding.

The Appeals Resolution Officer reviewed the medical evidence, noting that the original injury was diagnosed as left lateral epicondylitis and bilateral biceps tendonitis, and that early imaging of the right shoulder was negative.

The Officer concluded that the current right shoulder pathology and need for ongoing treatment could not be causally related to the worker's keyboarding duties, particularly given evidence of outside physical activities.

The worker's objection was denied.

The worker suffered a low back strain while spotting a client in a weight room.

The WSIB terminated benefits effective October 1, 2007, finding no ongoing objective physical impairment.

The worker objected, arguing he had ongoing symptoms and permanent restrictions.

The Appeals Resolution Officer upheld the termination, noting that medical evidence, including an MRI and functional abilities evaluation, showed no structural or neurological impairment, and that the worker's ongoing restrictions were based on subjective pain complaints rather than objective physical findings.