Decision Nº ReleasedDecisionsWithSummaryAdded from Workplace Safety and Insurance Appeals Tribunal of Ontario, 08-05-2014

• Judge: L. Petrykowski : Vice-Chair B. Davis : Member Representative of Employers A. Grande : Member Representative of Workers
• Judgment Date: 08 May 2014
• Judgement Number: ReleasedDecisionsWithSummaryAdded
• Hearing Date: 09 April 2014
• Issuer: Workplace Safety and Insurance Appeals Tribunal of Ontario

--SUMMARY--

Decision No. 693/14 08-May-2014 L.Petrykowski - B.Davis - A.Grande

• Consequences of injury
• Permanent impairment {NEL}

The Board granted the worker entitlement for a low back injury in November 1996 and for right shoulder tendonitis in June 1999. In Decision No. 867/08, the Tribunal confirmed a 10% NEL award for permanent right shoulder impairment.

In this decision, the Panel confirmed the Board decision that the worker achieved maximal medical rehabilitation regarding the low back injury but December 1996 and that he did not have a permanent low back impairment. The worker also did not have entitlement for recurrence of the low back condition. In addition, the Panel found that the worker did not suffer a partial tear of the supraspinatus in the 1999 accident.

23 Pages

References:	Act Citation WCA WSIA Other Case Reference [w2514s] CROSS-REFERENCE: Decision No. 867/08
Style of Cause:
Neutral Citation:	2014 ONWSIAT 1018

WORKPLACE SAFETY AND INSURANCEAPPEALS TRIBUNAL

Decision No. 693/14

BEFORE: L. Petrykowski : Vice-Chair

B. Davis : Member Representative of Employers

A. Grande : Member Representative of Workers

HEARING: April 9, 2014 at Toronto

DATE OF DECISION: May 8, 2014

NEUTRAL CITATION: 2014 ONWSIAT 1018

DECISIONS UNDER APPEAL: WSIB dated February 15, 2012

WSIB Appeals Resolution Officer (ARO) July 31, 2012

APPEARANCES:

For the worker: Mr. A. Acquaviva, paralegal

For the employer: Not participating

Interpreter: None

REASONS

(i) Introduction to the appeal proceedings

1. The worker appeals a decision of the Appeals Resolution Officer (“ARO”) of the Workplace Safety and Insurance Board (“Board”), dated February 15, 2012, which concluded that the worker reached maximum medical recovery as of December 9, 1998, that the worker did not have a permanent impairment for his lower back and that there was no ongoing entitlement to further benefits on a recurrence basis. The ARO rendered a decision on a “decision without hearing” basis at the Board’s Appeals Branch.
2. The worker appeals a second decision of an ARO, dated July 31, 2012, which denied entitlement for a tear in the worker’s right shoulder and denied entitlement for a Non-Economic Loss (“NEL”) re-determination for his right shoulder. The ARO rendered a decision on a “decision without hearing” basis at the Board’s Appeals Branch.
3. The worker attended the Tribunal hearing with his representative, Mr. Acquaviva, a paralegal. The employer was inactive and did not participate in the Tribunal proceedings.

(ii) Issues

4. The issues to be decided in this appeal are as follows:

1. Whether the worker has entitlement for a permanent impairment as related to his low back injury on November 28, 1996
2. Whether the maximum medical recovery (MMR) date of December 9, 1996 is correct
3. Whether the worker has ongoing entitlement to further benefits on a recurrence basis in relation to his low back injury on November 28, 1996?
4. Whether the worker has entitlement for a right shoulder tear as related to his June 30, 1999 injury?
5. Whether the worker is entitled to a NEL redetermination related for his compensable right shoulder injury?

(iii) Background

5. The Panel has reviewed the entirety of the documentary record and the following background facts are briefly noted.
6. The now 49 year-old worker injured his low back on November 28, 1996, while working as a disposal truck driver after slipping on a section of waxed cardboard while walking around his truck. The initial diagnosis was back strain. A subsequent physician’s progress report provided a diagnosis...