S. van Veen

The employer appealed several decisions of the Case Manager allowing the worker's claims for initial entitlement, a recurrence of a left shoulder injury, loss of earnings benefits, surgery, and a graduated return to work following a motor vehicle accident.

The worker, a Registered Practical Nurse, sustained neck and left shoulder injuries when she rear-ended another vehicle while driving between clients.

The Appeals Resolution Officer found that the clinical evidence supported the continuity of the worker's symptoms and the development of post-traumatic adhesive capsulitis from the initial injury.

The employer's objections were denied, and all decisions granting entitlement and benefits to the worker were confirmed.

The worker, who suffered compensable physical and psychotraumatic injuries from a 1987 fall, appealed a Case Manager's decision denying a permanent disability reassessment and further physiotherapy.

The Appeals Resolution Officer reviewed the medical evidence and found no objective clinical findings to support a worsening of the worker's organic injuries or psychotraumatic disability since his previous assessments.

Additionally, given the chronic nature of the worker's pain, further physiotherapy was not found to be necessary or appropriate.

The appeal was dismissed.

The worker objected to the WSIB's decision to discontinue his loss of earnings (LOE) benefits effective May 18, 2009.

The WSIB had terminated benefits based on video surveillance submitted by the employer, concluding the worker was fit to drive and perform modified duties.

The Appeals Resolution Officer found that the brief video surveillance of the worker assisting with a canopy did not demonstrate he was capable of the 125-kilometre drive required to attend modified duties.

The medical evidence supported that the worker remained partially impaired and unfit to drive until July 14, 2009.

The objection was granted, and the worker was awarded full LOE benefits from May 18, 2009, to July 14, 2009.

The worker appealed the WSIB Case Manager's decisions regarding the suitability of a labour market re-entry plan, the reduction of loss of earnings benefits, and the denial of entitlement for a right knee medial meniscus tear and surgery.

The Appeals Resolution Officer found that the selected suitable employment or business (SEB) of Community and Social Service Worker was unsuitable given the worker's academic barriers and lack of foundational skills.

The Officer directed that a new SEB be determined and loss of earnings benefits be recalculated.

The Officer also found a causal link between the original workplace injury and the right knee medial meniscus tear, granting entitlement for the condition and associated surgery.

The worker appealed the denial of further loss of earnings and health care benefits beyond December 18, 2003, for a compensable low back injury sustained on November 10, 2003.

The Appeals Resolution Officer found that the worker had only sustained a minor soft tissue injury that resolved by December 2003, noting a 15-month gap in medical continuity for the back condition, during which the worker was incarcerated and suffered other trauma.

The appeal was denied, as the ongoing back problems reported from March 2005 onwards were not causally related to the 2003 workplace accident.

The worker objected to the WSIB's denial of loss of earnings (LOE) benefits for a one-month period.

The WSIB had closed benefits on the basis that the worker failed to cooperate in early and safe return to work by declining modified office duties due to a claimed psychiatric phobia.

The Appeals Resolution Officer found that the worker was not uncooperative, as the employer had agreed to await psychiatric medical reporting.

Furthermore, the WSIB failed to notify the worker of his cooperation obligations prior to benefit closure, and the modified duties were no longer available at the time of closure.

The worker's objection was granted and full LOE benefits were restored for the period in question.

The worker, an iron worker, suffered a workplace injury in April 2006 resulting in a fractured right wrist, right leg wound, and right knee meniscal tear.

Following the physical injuries and subsequent return to modified duties, the worker developed severe depression and psychological distress.

The WSIB initially denied psychotraumatic disability entitlement and closed loss of earnings benefits.

On appeal, the Appeals Resolution Officer found that the preponderance of medical evidence, including reports from the worker's long-term family physician and treating psychologist, established that the worker suffered from a psychotraumatic disability directly related to the work injuries.

The worker's objection was granted, entitling her to psychotraumatic disability benefits, further psychotherapy, and full loss of earnings benefits from May 12, 2008.

The worker objected to the denial of loss of earnings (LOE) benefits following a workplace accident where he was struck in the left eye and head by a piece of wood.

The employer offered modified duties, but the worker argued the duties provided were unsafe and exceeded his medical restrictions.

The Appeals Resolution Officer found that the worker suffered a minor head injury in addition to corneal abrasions, and that the modified duties provided by the employer were not suitable.

The worker's objection was granted, and he was awarded full LOE benefits for the disputed period.