The Appeal CommissionThe Workers Compensation Act of Manitoba

Introduction

As stated above, the worker suffered a compensable injury to his back on December 15, 2005. He remained off work from December 15, 2005 to January 8, 2006. His employer takes issue with wage loss benefits for this period of time as it had modified duties available for the worker, which, on the date of his accident, the worker had agreed to do. These light duties consisted of placing reference calls, photocopying or filing. The worker would have been allowed to sit/stand as he felt necessary, take breaks as required, with no heavy lifting/pulling or repetitive bending.

A review of the worker’s medical treatment and the reason for his absence from work is essential in determining the issue before us.

Overview of Medical Treatment

The worker went to a walk-in clinic on several occasions between December 15, 2005 and January 23, 2006. Medical reports of the physicians in the walk-in clinic record their findings on these visits:

• December 15, 2005 – the worker was diagnosed as having sustained an acute low back strain on the left side as a result of his work related activity of December 15, 2005. Treatment plan consisted of medication, rest, cold heat and physiotherapy. The worker was considered to be disabled from work and it was unknown exactly when he would be able to return to his regular duties. Restrictions were outlined to avoid bending and lifting. X-rays of the lumbosacral spine dated December 15, 2005 were reported as showing no significant disc degeneration.

A “Functional Abilities Form for Timely Return to Work” form was completed by the physician on December 15, 2005. Under “General Comments/Specific Limitations” the physician wrote “Acute Low Back pain”. Under “Estimated Duration of Limitations” it stated, “off work 1 week then light duties as tolerated”.

• December 19, 2005, a second physician stated that the worker attended physiotherapy once and was now able to bend down a bit. The worker was instructed to continue with his medication along with physiotherapy treatments. He was told to remain off work until he was seen by his regular physician later in the week.

• December 22, 2005, a third physician indicated that the worker complained of severe low back pain, stiffness and difficulty with movement. Objective findings were tenderness in the lumbosacral spine and decreased range of motion and forward flexion. The treatment plan included Tylenol 3 and physiotherapy with a reassessment on December 31, 2005.

This physician also completed a “Functional Abilities Form for Timely Return to Work” form and stated that the worker would be unable to work for a week and that he would be reassessed in a week (i.e. December 31, 2005).

• December 31, 2005 – a fourth physician indicated that the worker complained of low back pain with movement. Objective findings included full range of movement with some discomfort and mild tenderness on the left SI joint. The worker was instructed to be off work for one more week and then return to work at light duties for two weeks. He was to be reassessed again regarding increasing his activities with a physician.