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DISCLAIMER: Decisions of the Workers Compensation Appeal Tribunal have been edited for the purpose of release to the public and to protect the privacy of the parties concerned in accordance with the provisions of the Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F-15.01. Information edited from the decisions is identified by square brackets.

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Displaying results 1 to 10 (of 245 total).
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Date: 2017-06-20
Appellant: Employer
Appeal Issues
Was the decision of the IRO to allow the Worker's entitlement to temporary wage loss benefits appropriate?
WCAT Decision
The Tribunal finds that the IRO’s decision to award temporary wage loss benefits to the Worker was appropriate. This Appellant Employer’s appeal is, therefore, denied.

Date: 2017-06-20
Appellant: Worker
Appeal Issues
Was the IRO's decision to deny the Appellant's claim appropriate?
WCAT Decision
The medical evidence did not establish a link between the Appellant’s workplace duties and the injury. There is no report from the Employer confirming an accident occurred. The Tribunal can only refer to the information provided at Form 6, which was completed over a month after the injury. Therefore, the Appellant's appeal is denied.

Date: 2017-04-05
Appellant: Worker
Appeal Issues
Was the IRO's decision to deny the Appellant's request to reopen her claim for temporary wage loss benefits and medical aid benefits effective June 2, 2014 correct?
WCAT Decision
The Tribunal finds that the IRO's decision to deny the Appellant's claim was appropriate and therefore, the Appellant's appeal is denied.

Date: 2017-04-04
Appellant: Worker
Appeal Issues
Was the IRO's decision to deny the Appellant's request to reopen his claim for temporary wage loss benefits and medical aid benefits effective June 21, 2015 correct?
WCAT Decision
The Appellant's appeal is allowed and the Tribunal directs the matter back to the Board to be dealt with.

Date: 2017-02-09
Appellant: Worker
Appeal Issues
Was the IRO correct in deciding that the Worker was not eligible for a continuation of temporary wage loss benefits?
WCAT Decision
The Tribunal finds that the IRO correctly determined that the Worker was not eligible for a continuation of temporary wage loss benefits post-October of 2013 and therefore this Tribunal dismisses the Worker’s appeal.

Date: 2017-01-12
Appellant: Worker
Appeal Issues
Was the decision to deny the Appellant's claim for recurrence of the MArch 15, 2014 left shoulder injury appropriate?
WCAT Decision
Upon review of POL-60 and the factors as set out, the Tribunal finds that the recurrence is medically compatible to the previous work injury and that there is medical evidence supporting this relationship, as previously described. The Tribunal finds that there was objective evidence to support the relationship between the original injury and the Appellant’s claim for recurrence. It was the same shoulder, she was doing the same type of work, three doctors indicated that it was the same shoulder and indicated that she was unable to perform any type of work. The Tribunal must also review Policy POL-68 “Weighing of Evidence” and upon the Tribunal weighing all of the evidence, the Tribunal finds the evidence weighs in favor of the Appellant. The Tribunal finds that this was a recurrence of the prior injury of March 15, 2014. Accordingly, this Tribunal allows the Appellant’s appeal.

Date: 2016-10-24
Appellant: Worker
Appeal Issues
The issue in this appeal is whether the IRO was correct in deciding that the Worker was not eligible for an impairment award.
WCAT Decision
The Board finds that the IRO correctly found that the Worker was not eligible for a medical impairment award for the injury suffered as a result of the April 29, 1999 accident, as same has been released by the Settlement and Commutation Agreement. Therefore, the Worker’s appeal is dismissed.

Date: 2016-12-19
Appellant: Worker
Appeal Issues
Was the decision to calculate the Appellant's Extended Wage Loss Benefits based on estimated earnings of $20,324.77 a year appropriate?
WCAT Decision
1. Based on all the medical information provided to us, based on the review of the Policies and Section 7 of the Act, the Tribunal finds that the decision to calculate the Appellant’s extended wage loss benefits based on estimated earnings of $20,324.77 was appropriate and therefore the appeal is denied.

Date: 2016-11-04
Appellant: Worker
Appeal Issues
Was the decision of the Internal Reconsideration Officer to deny the Appellant's claim for benefits appropriate?
WCAT Decision
The Tribunal finds that the decision to deny the Appellant's claim was appropriate and therefore, the Appellant's claim is denied.

Date: 2016-06-29
Appellant: Worker
Appeal Issues
Was the IRO’s decision to deduct the Canada Pension Plan Disability (CPPD) benefits from the Worker’s Extended Wage Loss benefits appropriate?
WCAT Decision
In summary, it is clear from Section 42 (1) of the Act and Board Policy that where CPPD benefits are awarded for both compensable and non-compensable injuries, such CPPD benefits are considered a collateral benefit under the Act and must be deducted from the Worker’s wage loss benefits as provided by the Act. Therefore, the Worker’s appeal is dismissed.

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