Decision Nº ReleasedDecisionsWithSummaryAdded from Workplace Safety and Insurance Appeals Tribunal of Ontario, 11-04-2018

• Judge: J. Noble : Vice-Chair M. Lipton : Member Representative of Employers K. Hoskin : Member Representative of Workers
• Judgment Date: 11 April 2018
• Judgement Number: ReleasedDecisionsWithSummaryAdded
• Hearing Date: 12 December 2017
• Issuer: Workplace Safety and Insurance Appeals Tribunal of Ontario

--SUMMARY--

Decision No. 3858/17 11-Apr-2018 J.Noble - M.Lipton - K.Hoskin

• Aggravation (preexisting condition)
• Continuing entitlement
• Sinusitis

No Summary Available

19 Pages

References:	Act Citation WSIA Other Case Reference [w2418n]
Style of Cause:
Neutral Citation:	2018 ONWSIAT 1201

WORKPLACE SAFETY AND INSURANCEAPPEALS TRIBUNAL

Decision No. 3858/17

BEFORE: J. Noble : Vice-Chair

M. Lipton : Member Representative of Employers

K. Hoskin : Member Representative of Workers

HEARING: December 12, 2017 at Hamilton

Post-hearing activity completed on March 8, 2018

DATE OF DECISION: April 11, 2018

NEUTRAL CITATION: 2018 ONWSIAT 1201

DECISION(S) UNDER APPEAL: WSIB decision dated December 5, 2012

APPEARANCES:

For the worker:

For the employer: Ms. L. W., Employer representative

Interpreter: None

REASONS

(i) Issues

1. The issues to be decided in this appeal are whether the worker should have ongoing entitlement for sinusitis; and whether the worker should have entitlement for Loss of Earnings (LOE) benefits during the time period from May 8, 2008 to December 31, 2009 during any time which the Board has not already paid LOE benefits.
2. The worker clarified at the hearing that he does not seek entitlement for a permanent impairment or a permanent impairment Non-Economic Loss (NEL) award, with respect to sinusitis. The worker advised that he seeks ongoing entitlement only insofar as he wishes to claim entitlement for LOE benefits for any time periods that entitlement for LOE was not granted by the Board, during the time period from May 8, 2008 until the end of 2009.

(ii) Background

3. The worker was employed with the accident employer (an aircraft manufacturer) as a Senior Analyst Program Project Control, performing office work since 1995.
4. The employer completed an Employer’s Report of Injury/Disease to the Board (Form 7) in 2008, regarding the worker. The employer’s Form 7 Report indicated that the worker was claiming problems regarding the sinus and nostrils due to his work environment. The Form 7 Report stated that the worker advised the employer in March of 2008 that he had sinus surgery in January of 2008, and returned to work on February 4, 2008 and had missed time from work. The employer stated that the worker reported that since he returned to work he had experienced nose bleeds and a sinus infection, and the worker had required time off for these conditions. The employer stated in the Form 7 Report that the worker was a smoker; however the worker was claiming that problems regarding the sinus and nostrils were due to the worker’s work environment.
5. The Board established a claim for the worker with an accident date of February 4, 2008.
6. In a decision regarding the worker’s claim dated May 19, 2009, the Board Claims Adjudicator stated that the Board had considered the information on file, and the worker’s claim that work exposures caused the sinus or medical conditions was denied. The decision dated May 19, 2009 stated that the medical assessments of April 6, 2009 confirmed that there were no objective physical findings evident on examination, and the decision also stated that it was considered that there were no exposures at work that were noted to cause any sinus conditions or aggravations or any exposures evident at the workplace or environment.
7. The decision dated May 19, 2009 also stated that it had been confirmed that the worker had the pre-existing sinus condition of “chronic sinusitis”, that had been medically treated in the past, including surgery in January of 2008 which was non-compensable. The decision stated that the WSIB made arrangements for the worker to be formally assessed at St. Michaels’ hospital on several dates in 2008, and in January of 2009, and full Loss of Earnings (LOE) benefits were payable for each date of assessment that the worker attended in this regard. The decision stated that a return to work was arranged for February 23, 2009, and the worker returned to work and then went off again on February 25, 2009. The decision stated that the worker was instructed by St. Michaels’ hospital to remain off work until a further assessment was arranged on April 6, 2009. The decision stated that the worker remained off work again April 7, 2009 onwards,...