Highlights of Noteworthy Decisions

Decision 2699 18
A. Somerville - B. Davis - S. O'Connor
  • Loss of earnings {LOE} (review) (after seventy-two months) (significant temporary deterioration)

The worker suffered from carpal tunnel syndrome in October 2004, for which the Board granted the worker a 10% NEL award. At the final review, the Board granted partial LOE benefits. In December 2014, the worker underwent compensable surgery. The Board granted full LOE benefits until July 2015, when it found that the worker had restored her pre-injury earnings and denied further LOE benefits. The worker appealed a decision of the Appeals Resolution Officer denying LOE benefits after June 2015.

The worker suffered a significant temporary deterioration in her condition, for which she underwent surgery in December 2014. The Board reviewed the worker's permanent impairment but did not increase the NEL award. Even though there was no increase in the NEL award, the Board was allowed to review LOE benefits after the 72-month lock-in date in accordance with s. 44(2.1)(f) of the WSIA, due to the significant temporary deterioration. Section 44(2.4.3) allows the Board to review the payments any time it considered it appropriate during the period in which the worker was suffering the significant temporary deterioration and when it determined that the worker had recovered from the significant temporary deterioration. Pursuant to these provisions, the Board appropriately granted full LOE benefits from December 2014 to July 2015, and denied further LOE benefits after July 2015 based on the finding that the worker had restored her pre-injury earnings by that date.
The appeal was dismissed.