Decision Number: 20100072, 2010 CanLII 35733 (ON W.S.I.B.)

Appeals Resolution Officer Decision

OBJECTION BY: Worker
EMPLOYER: Not Participating
REPRESENTATIVES: Worker

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 and diagnosed with an acute back strain. Entitlement was granted and benefits were paid in accordance with the medical evidence received. He returned to work May 8, 2003.

On April 27, 2009 a WSIB nurse received a message requesting the the file be reviewed to determine whether or not the worker would have coverage for an MRI. The worker followed up on May 7, 2009 indicating he had been laid off from work and attributed this to the injuries sustained on April 18, 2003. The recurrence was denied in a latter of August 11, 2009, and the worker objected the adverse decision and his file was referred to the Appeals Branch.

Assessment of the Evidence:
Confirm the denial of ongoing entitlement subsequent to a recurrence of May 7, 2009. The reasons are as follows:

• The injury sustained in 2003 was not considered major, and complete recovery was expected within tow to four weeks.
• 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 of 2003, and both time 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 March 21, 2005 x-ray showed disc space narrowing at the L4-5 level that was not present in 2003, and as such the connection of the worker's problem to the April 18, 2003 injury is unlikely.
• An April 19, 2005 doctor's report noted the worker's significant problem was calf muscle pain and there were trigger points within the gastrocnemius and more likely soleus muscle on the right. At the time of the 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.

Conclusion:

The worker's objection is denied.