Highlights of Noteworthy Decisions

Decision 946 21
06/07/2021
K. Jepson - S. Sahay - J. Provato
  • Continuing entitlement
  • Permanent impairment {NEL}
  • Evidence (confidential information) (health profession proceedings)

The worker, a paramedic, injured her upper back/trapezius on July 11, 2016 while lifting a stretcher. She was granted initial entitlement; however, the Board determined that her injuries had fully resolved and she had no entitlement to benefits beyond September 29, 2016. The worker appealed, seeking ongoing entitlement to benefits, including recognition of a permanent impairment.

The appeal was allowed in part.
A preliminary issue arose regarding the inclusion by the worker of the summary of a College of Physicians and Surgeons of Ontario proceeding involving a complaint against one of the Board's medical consultants. The summary and the worker's written submissions referring to the summary were inadmissible under section 36(3) of the Regulated Health Professions Act. Following the reasoning in Decision No. 1875/19I, all material arising from CPSO proceedings was inadmissible in Tribunal proceedings, including material that could be found on the internet, and any summaries of proceedings.
The worker had ongoing entitlement as the evidence indicated that her injury did not resolve by September 29, 2016. However, there was insufficient evidence that the injury had resulted in a permanent impairment. The evidence did not indicate that the worker was at maximum medical recovery for her injury.