- Loss of earnings {LOE} (eligibility) (impairment)
The issue under appeal was whether the worker was entitled to loss of earnings (LOE) benefits from April 1, 2010 to December 10, 2010. The worker had received a Non-Economic Loss (NEL) award of 7% for her left knee.
The appeal was allowed, in part. The Panel determined that the worker was entitled to full LOE benefits from April 1, 2010 to May 5, 2010. However, the worker was not entitled to LOE benefits beyond May 5, 2010. The Panel found that during the April 1, 2010 to May 5, 2010 period, the worker continued to have a work-related impairment in her left knee which prevented her from returning to her pre-injury employment. The Panel noted that the worker engaged in health care treatment during this period. The worker's OHIP Personal Claims History showed that the worker continued to seek medical treatment after March 2010, and the worker did not recover from her compensable condition as of March 31, 2010. The Panel inferred that the worker likely had an ongoing work-related knee impairment until from April 1, 2020 to May 5, 2010.The Panel found there was no evidence of significance to indicate that the worker had an ongoing work-related impairment to her left knee beyond May 5, 2010. The reporting did not show any medical visits related to a left knee injury beyond this date. The Panel inferred that the worker had recovered from her compensable knee condition on May 5, 2010. It was noted that section 43(1)(d) of the WSIA applied, which provides that a worker is entitled to payments until the day on which the worker is no longer "impaired" as a result of the injury. The worker was not entitled to LOE benefits after May 5, 2010, as the worker recovered from her compensable condition on that date. As noted, there was no medical evidence of significance after this date regarding the worker's compensable condition, and, in particular, there was no evidence of treatment or investigations for the left knee. While the worker may have had a loss of earnings after May 5, 2010, the Panel found that such loss did not arise as a result of the compensable "injury" and that there must be at least an ongoing temporary compensable injury or impairment (see Decision No. 1189/21).