WORKPLACE SAFETY AND INSURANCE BOARD
APPEALS RESOLUTION OFFICER DECISION
DECISION NUMBER: 20100038
OBJECTION BY: Employer
WORKER: Participating
EMPLOYER: Participating
REPRESENTATIVES: Worker, Employer
RESOLUTION METHOD & PROCESS
The employer’s representative elected the 60-day expedited decision option.
ISSUE
The employer is objecting to the date of injury in the above claim.
HOW THE ISSUE(S) ARISES
On January 18, 2007 this 51-year old autoworker reported a bilateral elbow injury. His claim was allowed as a gradual onset disablement with the date of injury being January 18, 2007. The employer suggests an earlier date of injury.
On February 12, 2010 the case manager confirmed January 18, 2007 as the date of injury in this claim.
AUTHORITY
- 11-01-04 Determining the Date of Injury
SUBMISSIONS
The representative for the employer delivered written submissions by letter dated February 10, 2010.
ASSESSMENT OF THE EVIDENCE
In coming to her decision that January 18, 2007 is the correct date of injury in this claim, the case manager relied on operational policy 11-01-04. She cited the version in effect at the time of her decision. But that version of policy 11-01-04 applies to decisions made on or after January 1, 2009 for accidents on or after January 1, 2009. There is an earlier version of policy 11-01-04 in effect when this claim was allowed in 2007.
Under policy 11-01-04 as it was in 2007:
For disablement or an occupational disease, the date of injury is the date the worker suffers the impairment (i.e. the date on which the worker experiences the disabling physical or functional abnormality or loss).
Although the worker first experienced symptoms in December 2006, those symptoms do not demonstrate a disabling physical or functional abnormality or loss.
As the worker pointed out in his letter of February 19, 2007:
During the month of December I started to feel some aches and pains but thought they might just go away and I knew we were coming up to a three week period off. With the three weeks off I thought maybe I would return to work and have no problems when I came back. Unfortunately when I returned to work on January 15th I only worked a couple of shifts and the pain started again and that was when I knew it was more than just a little ache. So I went to the (employer’s) health center to report my injury and went to my family doctor.
I find the most appropriate date of injury in this claim is January 18, 2007. That is the date the worker received first aide and reported the injury to his employer. One would not usually receive medical attention or report an injury without some disabling physical or functional abnormality or loss.
CONCLUSION
The employer’s objection is, therefore, denied.
DATED April 23, 2010
F. J. Mackin
Appeals Resolution officer
Appeals Branch