Decision Nº Released_Decisions from Workplace Safety and Insurance Appeals Tribunal of Ontario, 20-12-2023

JudgeA.G. Baker: Vice-Chair
Judgment Date20 December 2023
Neutral Citation2023 ONWSIAT 1936 DECISION UNDER APPEAL: WSIB decision dated March 22, 2016 APPEARANCES: For the worker: M. Natale, Paralegal For the employer: Not Participating Interpreter: J. Blanes, Spanish Language reasons (i) Introduction and issue The worker appealed the ARO decision dated March 22, 2016. From that decision, the following issues were appealed: Quantum of the Non-Economic Loss (NEL) award for Psychotraumatic Disability. Suitability of the Suitable Occupation (SO) of greeter in retail sales, including determining whether the worker’s injury completely prevents a return to any work. I also note that the worker formally withdrew an issue before the Tribunal regarding the maximum medical recovery date for Psychotraumatic Disability. I also noted the following background information from the ARO decision under appeal: An accident date of November 11, 1994 was selected for the gradual onset of bilateral Carpal Tunnel Syndrome (CTS) the worker developed in her job as a packer for the employer that manufactures cookies. The worker subsequently underwent surgery on her left wrist in 1998 and her right wrist in 1999. The worker was granted entitlement in the claim as it was determined that her bilateral CTS resulted from her work related duties. The worker was eventually granted a 10 percent NEL award for her bilateral CTS. After the surgeries, the worker returned to work doing modified duties with the accident employer and worked on a full time basis until 2008 when she developed an increase in CTS symptoms and underwent surgery again, on both of her hands, in 2008. A NEL redetermination was considered, but despite the second surgery, there was no increase to the worker's NEL award which was originally granted at 10 percent. In the summer of 2009, the worker returned to a different modified job, inspecting bags of cookies for broken cookies, which she then removed. She also inspected boxes to ensure they were properly sealed, and used a glue gun to fix boxes that were not. The worker only performed this job on a part time basis until November 2012 when the employer indicated they were no longer able to provide these modified duties. In an Appeals Resolution Officer (ARO) decision dated March 7, 2012, the ARO determined the worker was capable of performing the modified work with the employer on a full time basis. The ARO also denied entitlement under the Psychotraumatic Disability Policy, as well as the CPD Policy. An overpayment created in the claim was determined to not be recoverable. The ARO also determined there was no basis to grant a NEL award reassessment for the worker's bilateral CTS. In a
Judgement NumberReleased_Decisions
Hearing Date07 December 2023
IssuerWorkplace Safety and Insurance Appeals Tribunal of Ontario
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