TY - CASE T1 - Appeals Commission for Alberta Workers’ Compensation Docket #: 42015 Decision No.: 2011-262 A2 - 2011 CanLII 17882 (AB WCAC) PB - Appeals Commission for Alberta Workers’ Compensation N2 - [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. A1 - Appeals Commission for Alberta Workers’ Compensation,  Y1 - 2011/// UR - http://www.canlii.org/en/ab/abwcac/doc/2011/2011canlii17882/2011canlii17882.pdf Y2 - 2014-05-13 ER -