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Case

Appeals Commission for Alberta Workers’ Compensation Docket #: 42015 Decision No.: 2011-262

Date

2011

Authors

Appeals Commission for Alberta Workers’ Compensation

Abstract

[8.1] The worker reported he suffered a sudden onset of neck pain while installing
equipment on a ski hill on December 28, 2008. The WCB accepted the
claim for a neck strain and provided benefits, including medical aid, physical
therapy and full wage loss compensation in the form of TTD payments
effective December 29, 2008. Following further medical investigation the
WCB expanded the injuries accepted under this claim to include a disc
protrusion at the C5-6 level of the spine.

[8.6] In January 2010, the representative for the accident employer requested a
review of the claim stating that the worker’s employment duties on the date in
question, which included lifting a light piece of foam, were not consistent with
a neck strain and disc protrusion. The representative also requested a
review of the decision to pay retroactive TTD benefits and travel costs from
July 27, 2009 to November 16, 2009, given there were concerns regarding
the worker’s legal status to work in Canada.

[8.7] On February 1, 2010, the DRDRB confirmed the decisions of the WCB and
held that the worker had an acceptable claim and was entitled to wage loss
benefits and payment costs associated with travel in order to attend medical
appointments.

[36.5] In this case, the worker’s employment with the accident employer was
through a temporary foreign worker program. His visa limited him to work in
Canada only between November 1, 2008 and June 30, 2009.

[36.6] Because he could not have legally worked in Canada in any event after June
30, 2009 and would not have been paid, he is not entitled to TTD benefits for
the period requested.

[46] The worker is not entitled to temporary total disability benefits for the period
July 27, 2009 to November 16, 2009 under this claim.

Court name

Appeals Commission for Alberta Workers’ Compensation

Reporter

2011 CanLII 17882 (AB WCAC)

File Attachments

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Economic sectors

Occupations in art, culture, recreation and sport - general

Content types

Documented cases of abuse

Geographical focuses

Alberta

Spheres of activity

Law

Languages

English