The WSIB Appeals Branch granted full loss of earnings
benefits until age 65 to a worker retroactive to 2004.
The Board initially determined that our client, a former
health care aide, was able to return to work as a
receptionist without typing or as a hostess. She
suffered from a shoulder injury and had completed grade
12 but did not receive any other training from the
Board. Her loss of earnings were based on the average
earnings as a receptionist. We successfully argued that
because of her age, lack of transferable skills and her
injury that she was totally disabled.
Total Award: $ 72,000.00 approximately |
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Our client had suffered a wrist injury. He later
developed psychological difficulties in coping with his
injury. The Board denied benefits stating “Apart from
the fact that it would be almost a historical first to
have a major depression disorder arise from having a
functional PI for a [left arm problem] the fact that
there is extreme pain behaviour clearly documented with
an entirely inappropriate clinical presentation by the
worker precludes any consideration of psychological
factors being as a result of the minor work injury or as
being the responsibility of the claim.” On Appeal, he
was granted initial entitlement and a NEL award. The
reimbursement of lost time benefits is still to be
determined.
In a CPP Disability case, our client suffers from tic
dolereux a neuralgia. She was recently found to suffer a
severe and prolonged disability and was granted
retroactive benefits to 2002.
Total Award: $ 47,000.00 approximately
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