OWSIB 2016

The worker suffered a left hand injury at work, resulting in a permanent impairment.

The Workplace Safety and Insurance Board awarded a 4% non-economic loss (NEL) rating based on the American Medical Association Guides.

The worker appealed, arguing the quantum should be greater due to ongoing problems with her whole hand and arm.

The Appeals Resolution Officer dismissed the appeal, finding the 4% rating was correctly calculated based on the accepted area of injury (the left small finger) and the objective medical evidence.

The employer objected to a field auditor's decision denying an extension of time to appeal earlier classification decisions from 2008 and 2012.

The employer argued that it was not properly notified of the time limits and that the WSIB made an egregious error in classifying its business activities, resulting in a significant overcharge of premiums.

The Appeals Resolution Officer found that the employer was properly notified of the time limits and that there were no exceptional circumstances to justify an extension.

The appeal was denied.

The employer objected to a field auditor's decision denying an extension of time to appeal earlier classification decisions from 2008 and 2012.

The employer argued that it did not receive actual notice of the time limits and that the WSIB made an egregious error in classifying its business activities, resulting in significant premium overcharges.

The Appeals Resolution Officer found that the employer was provided with clear notice of the six-month appeal time limits in the original decision letters.

The Officer concluded that the circumstances were not exceptional and denied the request for an extension of time.

The worker appealed a decision denying entitlement to a permanent impairment for a 2002 right shoulder strain and denying entitlement for right rotator cuff tears and surgery.

The Appeals Resolution Officer allowed the appeal, finding that the worker's shoulder symptoms had never abated since the 2002 injury, entitling the worker to a Non-Economic Loss assessment.

Furthermore, the Officer found that the overhead lifting required in the worker's modified duties significantly contributed to the development of the rotator cuff tears, granting entitlement to the tears and surgery as a secondary condition.

The worker appealed the denial of his claim for occupational noise induced hearing loss.

The Appeals Resolution Officer found that while the worker had a sensorineural hearing loss consistent with occupational noise exposure, his calculated noise exposure of 83 dB over 8 hours per day for 40 years did not meet the WSIB's minimum threshold of 84 dB for 40 years.

The appeal was denied.