worker's appeal, agreeing with
the WSIB that the worker's to-
tal temporary disability benefits
should be discontinued and the
worker wasn't entitled to supple-
mental benefits, since his treat-
ment for hepatitis C had been
deemed successful.
The worker's physiotherapist
completed a functional abilities
form in May 2010 that indicated
the worker was unable to return
to work due to his chronic knee
injuries and liver disease. A
second report from the gastro-
enterologist in October reiter-
ated that the worker had "severe
dysfunctional lassitude" that
prevented him from working,
and the worker's family doctor
also indicated the worker "re-
mains unable to perform any
type of work as a result of pain
in his lower limbs and lassitude
related to chronic liver disease."
In addition, the worker had to
visit an orthopaedic specialist
every three months for corti-
sone shots to both knees and his
right hip.
The tribunal noted that tem-
porary total disability warrant-
ing such benefits comes about
when a worker is unable to earn
full pre-accident wages for a cer-
tain amount of time because of
the physical effects of a work-
related injury and related treat-
ment. The worker received these
benefits for more than four years
until March 2010.
Treating doctors agreed that
worker was unable to work
The tribunal found that the
worker's physiotherapist, gas-
troenterologist, and family doc-
tor were all of the opinion that
the worker was unable to work
due to a combination of his leg
injuries and his liver cirrhosis.
These opinions all carried sig-
nificant weight — as they were
of medical practitioners who
were treating the worker — and
should be treated with more
priority than the WSIB's medi-
cal consultant's review of the
worker's file, said the tribunal. In
addition, the tribunal found the
worker to be "straightforward
and credible" in the description
of his condition and he had al-
ready been granted a permanent
disability benefit of 55 per cent
— the latter demonstrating that
the level of permanent disability
was already significant.
The tribunal also noted that
the first report that the worker
was totally disabled and couldn't
return to work — from the gas-
troenterologist in December
2009 — was issued months be-
fore the WSIB discontinued his
temporary total disability bene-
fits. Subsequent medical reports
were consistent in this view, and
the only dissenting one was the
WSIB's medical consultant —
who wasn't actually involved in
the worker's treatment, the tri-
bunal said.
The tribunal found that the
evidence indicated the worker
was totally disabled and his tem-
porary total disability benefits
should have been continued af-
ter March 2010. In addition, the
worker experienced wage loss
because of his ongoing knee
pain and the effects of his liver
disease, which were related to
his compensable work-related
accident.
In addition, since the worker
was totally disabled, he was un-
likely to benefit from more vo-
cational training and therefore
was entitled to the supplemental
benefits for workers with such
conditions from pre-1990 inju-
ries. The WSIB was ordered to
pay the worker continuing total
disability benefits and supple-
mental benefits until he was
eligible for old age security pay-
ments.
For more information see:
• Decision No. 2236/16, 2016
CarswellOnt 15732 (Ont.
Workplace Safety & Insurance
Appeals Trib.).
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CSR | January 2017 | News
Disease < pg. 5
Hep C was treated but left liver disease behind
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