Decision Number: 20100071, 2010 CanLII 35728 (ON W.S.I.B.)

Appeals Resolution Officer Decision, No. 20100071

OBJECTION BY: Worker
WORKER: Participating
EMPLOYER: Participating
REPRESENTATIVES: Worker, Employer

Issue:
1. The employer is objecting to the allowance of initial entitlement. The claim was allowed in the decision letter of January 29, 2009 and upheld in thr review letter of June 24, 2009.
2. The worker is objecting to the discontinuation of LOE benefits after August 24, 2009. This was determined in the claims adjudicator's decision of July 3, 2009.

How the Issue Arose:
On December 2, 2008, this now 55 year old worker injured his back while lifting boxes and was diagonsed with an upper back strain. The treatment consisted of rest, analgesics, and muscle relaxants. X-rays of the thoracic spine were normal while an x-ray of the right shoulder showed osteoarthritic changes of the AC joint. Return to work restrictions included avoiding lifting floor to waist, waist to shoulder, and above shoulder lifts. Prolonged positioning should also be avoided. Due to the worker's claim of being unable to work, he was referred to a Regional Evaluation Centre (REC) on June 25, 2009. The worker was diagnosed with resolving thoracic strain, he had partially recovered, and a full recovery was expected in 8-10 weeks with continuing threapy. Entitlement to therapy and continuing benefits stopped on August 24, 2009. The employer relationship ended due to unrelated reasons. The working is claiming to be totally disabled and unable to perform any work.

Assesment of the Evidence:
The accident history as described by the worker remains consistent with the contemporaneous claim file and medical documentation and have no reason to doubt that an injury occured on December 2, 2008. The worker was involved in both heavy and repetitive lifting, this task is normally performed by more than one person. The worker performed this work on his own, was injured, sought medical attention, and reported a workplace injury. The claim remains allowed.

The findings of the REC assessment remain valid and there is no objective basis to allow any continuing entitlement beyond August 24, 2009. There are no significant findings to account for the worker's purported pain levels or to support his claim to be unable to work.

There are a number of complicating factors of a non-compensable nature that may account for the worker's continuing pain. It is noted that the worker had a multi-level lumbar decompression almost 3 decades ago and a history of right shoulder pain. The source of his pain no longer seems to be in relation to the upper back strain that be experience on Dec 2, 2008.

Conclusion:

1. The employer’s objection is denied. The claim remains allowed for an upper back strain on December 2, 2008.
2. The worker’s objection is denied. The claim was appropriately finalled on August 24, 2009. There is no additional entitlement to LOE benefits.