Workplace Safety and Insurance Board
Appeals Resolution Officer Decision
Decision Number: 20100072
Objection By: Worker
Employer: Not Participating
Representatives: Worker
Hearing Date: N/A
Issue
The worker objects to the denial of entitlement for a recurrence of May 7, 2009.
How the Issue Arises
On April 18, 2003, the worker had an onset of low back pain while lifting roll shafts. He was diagnosed with an acute low back strain. He returned to work on May 8, 2003. Entitlement was granted and benefits were paid in accordance with the medical evidence received.
On April 27, 2009, a WSIB Nurse received a message requesting that the file be reviewed to determine whether or not the worker would have coverage for an MRI. The worker called subsequent to this on May 7, 2009 indicating he had been laid off and he attributed his problems to the initial injuries sustained on April 18, 2003. Enquiries were conducted following which the recurrence was denied in a letter of August 11, 2009. The worker objected to the adverse decision made and his file was referred to the Appeals Branch for consideration.
Authority
15-03-01 – Recurrences
Resolution Method & Process
The worker’s representative requested that a decision be made based on the claim file documentation and prior submissions. The employer was contacted, advised of same and agreed with the process.
Assessment of the Evidence
I have considered all of the evidence pertaining to this case. In doing so, I would have to confirm the denial of ongoing entitlement subsequent to a recurrence of May 7, 2009. The reasons are as follows:
The initial injury sustained in 2003 was that of a back strain. Complete recovery was expected within two to four weeks. As such, the injury was not considered to be major;
An x-ray taken on April 24, 2003 proved to be normal;
The worker was able to return to regular duties on May 8, 2003;
He sought medical treatment in November and December, 2003 and both times, the back was not mentioned, suggesting that it was not problematic for the worker at that time and confirming that the incident of April 18, 2003 was not a significant contributing factor to the worker’s subsequent problems;
An x-ray taken on March 21, 2005 showed disc space narrowing at the L4-5 level. This was not present in 2003 shortly after the accident and as such, the connection of the worker’s problems to the injury of April 18, 2003 is unlikely. Rather, these findings show evidence of degeneration which commenced after the 2003 incident and which in and of themselves could have contributed to his ongoing problems;
The doctor’s report of April 19, 2005 noted the worker’s significant problem was calf muscle pain and there were trigger points within the gastrocnemius and more likely the soleus muscle on the right. At the time of the initial accident, the worker reported radiation of pain in the left area greater than the right and as such, once again, it is difficult to make a connection between his ongoing symptoms and the initial injuries sustained on April 18, 2003. Furthermore, the doctor went onto state that the symptoms did not appear to be attributed to lumbar radiculopathy, making the possibility of a causal link to the initial injuries sustained even more remote;
I have noted the medical opinions provided by the worker’s representative; however, given the facts outlined above, I am unable to attribute the worker’s ongoing problems in 2009 to the initial injuries sustained in the incident of April 18, 2003.
Conclusion
Based on the evidence outlined in this decision, I am confirming the denial of entitlement subsequent to a recurrence of May 7, 2009.
The worker’s objection is denied.
DATED June 2, 2010
S. Marangoni
Appeals Resolution Officer
Appeals Branch