The Appeal CommissionThe Workers Compensation Act of Manitoba

Preamble

The employer appealed the Workers Compensation Board ("WCB") decisions that the worker's claim is acceptable, and that the worker is entitled to wage loss benefits from April 24, 2025 to May 9, 2025. A teleconference hearing took place on October 7, 2025 to consider the employer's appeal.

Issue

1. Is the claim acceptable? 2. Is the worker entitled to wage loss benefits from April 24, 2025 to May 9, 2025?

Decision

1. The worker's claim is acceptable. 

2. The worker is entitled to wage loss benefits from April 24, 2025 to May 9, 2025.

Background

On April 25, 2025, the worker provided a Worker Accident Report to the WCB reporting that two days earlier while carrying a ladder up a set of stairs at a worksite, they tripped on the ladder and fell down the stairs twisting their back and landing on it. The worker sought medical treatment at a walk-in clinic on April 25, 2025, reporting that they fell when carrying a ladder two days earlier, falling approximately 5 feet, landing on their right side and injuring their right lower back area. The worker advised that the pain initially was minor but got progressively worse and now radiated down their right leg into their right foot. On examining the worker, the treating physician noted tenderness on palpation over the midline spine at L2-L4 and in the right paraspinal muscles, as well as limited extension due to pain and positive findings for the right straight leg raise test. The physician queried an acute disc injury, at the L4-L5 level based on the reported symptoms and referred the worker for an urgent MRI. The physician recommended the worker should remain off work for 2 weeks and provided a prescription for pain control and made a referral for physiotherapy.

The employer submitted an Employer's Accident Report to the WCB on April 25, 2025, describing that the worker "tripped over a step while carrying a ladder" and noting its concerns with the claim given the short period of the worker's employment and that immediately before that, the worker was not working for many months.

When the WCB contacted the worker on April 29, 2025, the worker confirmed the injury occurred as described in the accident report and advised they reported it to their supervisor 20 minutes after the injury occurred. The worker stated there were no witnesses and that they left work afterward. The worker described initial symptoms of right-sided lower back pain with numbness and shakiness in their right leg, and current symptoms of intermittent lower back pain, with numbness in their right hip. The worker advised they initially thought the injury wasn’t severe, but noted they did visit a walk-in clinic on April 24, 2025 and could not see a physician then. On April 25, 2025, the worker returned to the walk-in clinic and was prescribed pain relief medication and placed off work for 2 weeks. The WCB advised the worker the claim was accepted.

On May 6, 2025, the employer confirmed to the WCB that the accident occurred while the worker was working but again noted concern with the short period of employment before the injury occurred and that the worker had not worked for a period before beginning their employment. The WCB advised the employer the worker's claim was accepted, which it confirmed by letter to the employer of the same date.

The worker attended a follow-up appointment on May 8, 2025 to review the MRI study. The treating physician noted the worker's report of slight improvement in their symptoms and that they were very motivated to return to work. The physician recorded a mildly positive right straight leg raise test finding and tender paraspinal muscles and noted the MRI study indicated a disc protrusion at L5-S1 with no nerve compression. The treating physician recommended modified work duties for the worker for 2 months with no bending, kneeling or twisting, and to limit lifting weights.

On May 12, 2025, the worker advised the WCB that they resigned from their employment on May 9, 2025. When the WCB provided the worker's restrictions to the employer on May 13, 2025, the employer advised that the worker resigned.

The employer requested Review Office reconsider the WCB's decision to accept the worker's claim and to pay wage loss benefits from April 24, 2025 to May 9, 2025. On June 6, 2025, Review Office determined the worker's claim was acceptable and the worker was entitled to wage loss benefits from April 24, 2025 to May 9, 2025.

The employer filed an appeal with the Appeal Commission on June 6, 2025 and a hearing was arranged. Following the hearing, the appeal panel provided additional medical information to the parties for comment, and on October 28, 2025, the appeal panel met to discuss the appeal and render its decision.

Reasons

Applicable Legislation

The Appeal Commission and its panels are bound by the provisions of The Workers Compensation Act (the “Act”), the regulations under the Act and the policies established by the WCB's Board of Directors.

Section 4(1) of the Act provides that the WCB will pay compensation when a worker has sustained personal injury by accident arising out of and in the course of employment, and s 4(2) outlines that a worker injured in such an accident is entitled to wage loss benefits for the loss of earning capacity resulting from the accident. When the WCB decides that a worker has sustained a loss of earning capacity, an impairment or requires medical aid because of an accident, compensation is payable under s 37 of the Act. Section 39 of the Act sets out that wage loss benefits are payable until the worker's loss of earning capacity ends or the worker reaches the age of 65 years.

Employer's Position

A representative of the employer appeared in the hearing and outlined the employer’s position that the evidence does not support a finding that the worker sustained an injury as a result of an accident arising out of and in the course of employment. The representative noted there were no witnesses to the incident that the worker reported and given that the worker was just on the job for a few days when the incident occurred, it is possible that they injured themself before starting this job or outside of their employment.

The employer's representative submitted that the worker should not be entitled to wage loss benefits because the claim should not be accepted. The representative submitted that it is possible that the worker's symptoms are the result of a pre-existing condition and as such, the employer should not be responsible for the worker's injury.

Worker’s Position

The worker appeared in the hearing on their own behalf and outlined their position that they sustained a lower back injury because of a fall that occurred while they were at work and doing their job on April 23, 2025, and therefore the claim should be accepted. The worker further noted they were advised by the treating physician to remain off work until May 12, 2025 and they followed the physician's instructions. The worker confirmed they resigned from this job as of May 9, 2025.

Analysis

In this appeal, the employer disputes the WCB's decision to accept the worker's claim and to provide wage loss benefits to the worker from the date of accident until the date of the worker's resignation from that employment. For the appeal to succeed, the panel would have to determine that the worker did not, on a balance of probabilities, sustain an injury as a result of an accident arising out of and in the course of employment, or that if there was such an accident, the worker did not sustain a loss of earning capacity as a result of it. As detailed in the reasons that follow, the panel was not able to make such findings and therefore, the appeal is denied.

The panel first considered the evidence in relation to the incident reported by the worker as having occurred on April 23, 2025 while at work. The worker testified that they tripped while carrying a ladder on stairs and fell landing on their back. This is consistent with the report provided to the WCB on April 25 and 29, 2025 and is further confirmed by the information the worker provided to the treating physician on April 25, 2025 and to the treating physiotherapist on May 16, 2025. While the employer representative noted there were no eyewitnesses to confirm the worker's injury occurred as reported, the panel notes there are also no witnesses to confirm the injury did not occur as reported. Here, the worker reported the same mechanism of injury to the WCB and two medical professionals and confirmed that information to the panel in the hearing. The panel also noted the worker reported the injury to their supervisor immediately afterward, and the information contained in the employer's report to the WCB is consistent with the worker's report.

The panel also considered that the medical reporting indicates that on April 25, 2025, the worker had symptoms of an injury to their right lower back, which the treating physician queried as an acute L4-L5 disc injury. We find that such an injury would be consistent with the reported mechanism of injury. While there is reference in the medical reporting to prior lower back pain, the medical reporting confirms the worker presented with an acute injury on April 25, 2025. On questioning, the worker denied having any prior low back issues, but the panel finds that even if they had previous back pain, the accident as described could have caused the symptoms identified on April 25, 2025 and there is no evidence that the worker was experiencing those symptoms prior to the workplace incident. This is supported by the fact that the treating physician immediately ordered diagnostic imaging, including an x-ray taken the same day and an MRI study, which took place in early May, 2025. This is also supported by the worker's attendance at work without complaint of any back issues in the days leading up to the incident. As such, the panel is satisfied that the worker sustained a lower back injury as a result of their fall at work on April 23, 2025.

Given this finding, the panel also considered if the evidence supports the worker's entitlement to wage loss benefits from April 24 to May 9, 2025. On initial assessment on April 25, 2025, the treating physician provided the worker with a note removing them from work for two weeks and referred the worker for physiotherapy, with follow up planned after the MRI study, which took place on May 4, 2025. We also note that the treating physician, on May 8, 2025 recommended the worker could return to work with restrictions as to limiting weight lifted, no crawling, kneeling, bending or twisting, but the employer advised the WCB it could not accommodate those restrictions. The worker confirmed in their evidence that they chose to resign from their job with the employer as of May 9, 2025. Based on this evidence, the panel is satisfied that the worker had a loss of earning capacity after the accident until their last day of employment.

Based on the evidence and applying the standard of a balance of probabilities, we are satisfied that the worker sustained an injury as a result of an accident arising out of and in the course of employment, and therefore the claim is acceptable. Furthermore, we are satisfied that as a result of that injury the worker sustained a loss of earning capacity from April 24 through May 9, 2025 and therefore is entitled to wage loss benefits during that period. Therefore, the employer's appeal is denied.

Panel Members

K. Dyck, Presiding Officer
J. Peterson, Commissioner
M. Kernaghan, Commissioner

Recording Secretary, J. Lee

K. Dyck - Presiding Officer
(on behalf of the panel)

Signed at Winnipeg this 30th day of October, 2025