A 70-year-old part-time package handler for a delivery company complained to the Commission that the WSIB had required him to return to work before understanding the full extent of his injury. The WSIB ended his loss of earnings benefits after determining an offer of modified work from the employer was suitable.

The claim had initially been accepted for a lower back strain. However, following an MRI scan and an assessment at a WSIB specialty clinic, the worker was given an occupational diagnosis of a compressed nerve root secondary to a herniated disc in his lower back. A WSIB nurse consultant allowed further treatment for the injury, but it appeared that the case manager had not considered the specialty clinic’s updated diagnosis in relation to the loss of earnings benefits.

When the worker complained to a manager, he was referred to the appeal process.

After we raised this matter with a manager, the WSIB conducted a review of the new occupational diagnosis and recognized the new area of injury. The WSIB allowed loss of earnings benefits for the period before the worker had been able to return to his regular job duties.