The Appeal CommissionThe Workers Compensation Act of Manitoba

Preamble

A file review was held by the appeal panel on March 29, 2006, at the request of the employer. Both the employer and the worker provided written submissions in support of their respective positions.

Issue

Whether or not the claim is acceptable.

Decision

That the claim is acceptable.

Decision: Unanimous

Background

Reasons

Background
On February 19, 2004, the worker reported an accident at work. He stated that while pulling a wagon with heavy cardboard on it, something gave way in his left wrist. There was a popping noise when he tried to move it around, and tingling in his fingers, which began to go numb.

The accident was reported to his employer and the worker went to Seven Oaks emergency. He was diagnosed with an "injured wrist" and put in a half-cast and tensor bandage.

He then saw his own treating physician on February 19 and 27, 2004. He was referred to physiotherapy and told to work at modified work duties with no use of his left hand. On February 27, 2004, the physician opined that the worker was to continue with light duties until March 4, 2004, at which time he could return to regular duties.

The worker reported continued symptoms of pain and swelling to his left wrist after March, 2004. He saw a sports medicine specialist on April 16, 2004 who diagnosed him with flexor tendon strain - secondary radial nerve neuropathy and questioned the presence of a ganglion. The diagnosis was changed on May 19, 2004 to a re-flared tendonitis.

The worker was ultimately referred to an orthopaedic surgeon on February 28, 2005 who diagnosed him with flexor carpi radialis (hereafter "FCR") tendonitis, then, a volar radial ganglion. Surgery was performed on May 3, 2005 to remove the ganglion.

The worker's file was referred to a medical advisor to the Workers Compensation Board (hereafter "WCB"). The medical adviser opined that the mechanism of injury on February 16, 2004 was suggestive of an acute injury resulting in a flexor tendonitis.

The Claim
The WCB accepted the worker's claim for an injury to his left wrist. This decision was appealed by the accident employer but upheld by the Review Office on May 5, 2005. The employer appeals this May 5, 2005 decision.

The Employer's Position
The employer submitted a five page written submission in support of its appeal. In our opinion, this submission deals with the worker's ongoing complaints, medical diagnoses and treatment subsequent to his February 16, 2004 workplace accident.

The issue before this panel is solely claim acceptability. That is, the panel must decide whether on a balance of probabilities, the worker suffered personal injury by accident arising out of and in the course of his employment.

The Worker's Position
The worker says that injury was caused to his left wrist as a result of a workplace accident. He disputes that other activities such as guitar playing could have caused this injury since he only uses his fingers playing the guitar, and not his wrist. Further, he says that he never had any problems with his arm or wrist prior to the February 16, 2004 accident.

Analysis
Section 4(1) of The Workers Compensation Act provides in part, that where personal injury by accident arising out of and in the course of the employment is caused to a worker, compensation shall be paid.

In reviewing the worker's medical file, we note that the worker reported a workplace accident to his employer on February 16, 2004. The employer's accident report confirms the worker's statement as to the mechanism of injury. The file also indicates that the worker attended at a hospital emergency department on that same day with left wrist complaints.

On the basis of this evidence, we find that the worker suffered personal injury by accident arising out of and in the course of his employment, and that his claim is therefore acceptable.

As noted previously, the employer has put forth other arguments which dispute the ongoing compensability of the worker's claim. This issue is not before this panel. We are therefore without jurisdiction to make any ruling on it. These issues must first be dealt with by the WCB before we are able to hear an appeal and make any determination on them.

Panel Members

L. Martin, Presiding Officer
A. Finkel, Commissioner
M. Day, Commissioner

Recording Secretary, B. Miller

L. Martin - Presiding Officer
(on behalf of the panel)

Signed at Winnipeg this 9th day of May, 2006