Highlights of Noteworthy Decisions

Decision 1623 15
J. Josefo
  • Investigation by Tribunal (whether required)
  • Recurrences (compensable injury)

The worker suffered a shoulder injury in 1996. The worker appealed a decision of the Appeals Resolution Officer denying entitlement for a recurrence in 2011.

The Vice-Chair denied the worker's request that the Tribunal seek further medical information on a post-hearing basis. The Tribunal has authority to seek further medical information but that authority ought not to be used, and is not typically used, to displace the onus on the party to establish the case. Rather, it is used when, for example, there is contradictory medical evidence or there is a novel issue. That was not the situation in this case.
The worker did not have entitlement for a recurrence. Evidence did not establish a relationship between the original injury in 1996 and his current condition. The appeal was dismissed.