Highlights of Noteworthy Decisions

Decision 2730 15
S. Martel - S. Sahay - M. Ferrari
  • Disablement (nature of work)
  • Notice of hearing (previous employer)
  • Accident (date) (disablement)

An electrician appealed a decision of the Appeals Resolution Officer denying entitlement for shoulder disablement.

The worker worked for the employer from November 2008 to April 2011, when he was laid off due to a shortage of work. He started working for the second employer in September 2011, and filed the claim in February 2012. Board policy provides that, in a gradual onset disablement claim, the date of injury is established using the date of first medical attention which led to diagnosis, or the date of diagnosis, whichever is earlier. In this case, the first medical attention was in August 2011. At that time, the worker was no longer working for the first employer but it was his duties with the first employer that were relevant. The Panel was satisfied that the first employer was the appropriate employer to be notified of the appeal.
On the evidence, the worker's shoulder condition was a disablement from significant overhead work.
The appeal was allowed.