- Intervening causes
- Psychotraumatic disability
- Permanent impairment {NEL}
- Suitable employment (factors other than physical capability)
- Loss of earnings {LOE} (eligibility) (impairment)
- Loss of earnings {LOE} (lay-off) (permanent)
The WSIB granted the worker initial entitlement for a strain injury to the lateral ligaments of the right ankle. The issues under appeal were: a) whether the worker was entitled to a permanent psychological impairment; b) whether the modified work performed by the worker from June 8, 2018 to January 14, 2019 was suitable; and, c) whether the worker was entitled to LOE benefits for six days in 2018 (October 15, 16, 22, 23 and 25 and November 8, 2018) and whether the worker was entitled to full LOE benefits from January 17, 2019 to April 18, 2019 and from April 19, 2019 to May 28, 2020.
The Panel allowed the appeal, in part.The Panel decided that the worker had not yet reached maximum medical recovery for his compensable psychotraumatic disability and, as a result, it was premature to determine if the worker's psychological condition was permanent. The worker did not receive the treatment block approved by the WSIB starting on June 29, 2022. After the worker has received this treatment a determination can be made by the WSIB.The modified work offered by the accident employer between June 8, 2018, and January 15, 2019, was unsuitable because it was not productive work that provided any measure of benefit to the employer's daily operations. The worker was entitled to full LOE benefits for the six dates in 2018 on which the worker attended educational courses approved by and paid for by the accident employer. The worker was unable to perform his regular duties because of his compensable low back injury. The employer was unable to offer suitable modified work. The worker was engaged in an activity reasonably aimed at improving his employability and minimizing LOE benefits. The worker was not entitled to LOE benefits from January 17, 2019 to May 27, 2020. The stress reaction experienced by the worker in relation to alleged workplace harassment was a new and significant injuring process that was distinguishable from the worker's compensable right ankle injury and subsequently arising adjustment disorder. The new and significant injuring process was an intervening event which broke the chain of causation between the worker's compensable right ankle injury and his wage loss beginning on January 17, 2019. The worker's stress reaction to alleged workplace harassment likely resolved by at least August 6, 2017, and, beyond this point, no longer represented an intervening event. From August 6, 2019 to May 28, 2020 the worker remained laid off by the worker's accident employer. The worker was entitled to full LOE for this period. As the worker was never recalled by the accident employer, OPM Document No. 15-06-03, entitled "Entitlement Following Permanent Work Disruptions", applied. The worker had performed highly accommodated work prior to the lay-off and was likely unable to secure any employment in the labour market from August 2019 to May 2020.