The Appeal CommissionThe Workers Compensation Act of Manitoba

Preamble

The worker appealed the Workers Compensation Board ("WCB") decisions that it does not accept responsibility for the worker’s left shoulder difficulties as a consequence of the January 4, 2025 accident and that the worker is not entitled to wage loss benefits for the period from February 1 - 7, 2025. A teleconference hearing took place on November 13, 2025 to consider the appeal.

Issue

1. Should the WCB accept responsibility for the worker’s left shoulder difficulties as a consequence of the January 4, 2025 accident? 

2. Is the worker entitled to wage loss benefits for February 1, 2025 to February 7, 2025?

Decision

1. The WCB should not accept responsibility for the worker’s left shoulder difficulties as a consequence of the January 4, 2025 accident. 

2. The worker is not entitled to wage loss benefits for February 1, 2025 to February 7, 2025.

Background

The worker submitted their Worker Incident Report to the WCB on January 13, 2025, reporting that on January 4, 2025 they slipped on ice and fell at work, injuring their left knee, right shoulder, and left hand. In conversation with the WCB on January 17, 2025, the worker confirmed they slipped on black ice at the corner of the building, despite wearing snow boots, and fell, striking their left knee, right shoulder, and left hand. Afterward, the worker reported the incident to their team lead who sent them home. The worker indicated they had immediate symptoms of contusions to their left hand and pain in their left knee and right shoulder, which they self-treated at home. After 2 days, the worker returned to work with their concurrent employer, but on January 12, 2025, while working for the concurrent employer, the worker felt there was too much pain with their job duties that required a lot of bending, and they felt very sore when standing up after bending several times. The worker stated they advised their coworker they “…couldn’t do it anymore” and sought medical treatment with the family physician the next day. The worker advised the WCB of the dates they missed work with the employer and noted the concurrent employer could not accommodate them.

The WCB received a report from the treating family physician for the worker's January 13, 2025 assessment. The physician noted the worker reported a slip and fall, resulting in pain in the left knee, right shoulder and lower back, pain with certain movements such as heavy lifting and repeated movements, and stiffness. The physician noted left knee tenderness at the anterior joint line and range of motion pain with flexion and extension, as well acromioclavicular ("AC") joint tenderness and pain with abduction of the right shoulder, and lower back tenderness. The physician provided their diagnosis of joint pain and recommended restrictions of avoiding heavy lifting, repeat movements, bending and ladder/stair use, and avoiding prolonged walking/standing.

On January 17, 2025, the concurrent employer advised the WCB it could accommodate the worker within the restrictions provided by the treating physician, and on January 20, 2025, advised that the worker returned to work on modified duties.

The worker saw the treating physician on January 20, 2025, reporting ongoing pain with certain movements but no tingling or numbness. The physician noted ongoing left knee tenderness and pain on flexion and extension. The physician also noted lower back and right shoulder tenderness. They provided updated restrictions of avoiding prolonged standing, walking and heavy lifting. At follow-up on January 27, 2025, the physician reported slow improvement of the worker’s symptoms with pain on walking, standing, and bending. The treating physician indicated findings of no left knee swelling with pain on extension and flexion, tenderness to the right AC joint, normal low back range of motion and a normal but slow gait. They updated the restrictions to avoiding prolonged standing, walking, sitting and repeat movements of the left leg.

The worker advised the WCB on February 2, 2025 that the treating physiotherapist provided a note to be off work from February 1, 2025 to February 7, 2025. On February 3, 2025, the worker advised they worked modified duties from January 20, 2025 to January 31, 2025 but experienced difficulties and attended physiotherapy on January 31, 2025. The worker stated the treating physiotherapist queried a broken collarbone and recommended the worker not work from February 1, 2025 to February 7, 2025.

The WCB reviewed the January 31, 2025 initial physiotherapy assessment, which noted the worker reported a "…traumatic onset of left/right shoulder, left knee and low back pain" after a fall on snow at work on January 4, 2025. The physiotherapist noted the worker "…advised that [they] fell on…left shoulder and was carrying a heavy bag on the right shoulder. Pt went home right away after fall, than (sic) continues to push himself to work for a week. After a week, at work could not get himself straight from bending position, went to GP, [who] advise[d] to take rest, so was off work for a week." The physiotherapist noted the worker’s report of constant pain that increased with movement at both shoulders and the anterior deltoids/biceps area, greater on the left than right, and at the anterior left knee. The worker reported that squatting, kneeling, carrying, lifting, and any overhead activities increased pain. The physiotherapist recorded clinical findings of reduced range of motion in both left and right shoulders to 80 degrees abduction, limited with pain, flexion to 90 degrees also limited with pain, and extension limited by 20% with pain. They noted positive Speeds and empty can test findings, a positive horizontal adduction test on the left and posterior glide testing limited by pain. The physiotherapist offered a diagnosis of left and right AC joint sprains and left sternoclavicular joint sprain with biceps tendinopathy. They recommended the worker remain off work as they could not perform the activities of daily living and were “Too sore to move the body.”

On February 10, 2025, the employer's representative advised the WCB that the worker stated their primary job duties with the concurrent employer caused the difficulties with their shoulder since the January 4, 2025 workplace accident and that their shoulder was dislocated. The representative confirmed to the WCB that the worker did not report a left shoulder injury.

On February 10, 2025, the treating physiotherapist advised the WCB that after the accident, the worker continued to work while seeking treatment from their family physician but should have had physiotherapy as the symptoms worsened. The physiotherapist noted the worker's symptoms increased due to their concurrent job duties and noted the worker's left shoulder was the main issue, but that the worker injured both shoulders at the time of the accident, with the left shoulder worse than the right as they fell on their left side. The physiotherapist indicated the worker's left hip, left knee and left shoulder injuries were the primary concern and that the worker had bilateral shoulder sprains. The physiotherapist advised they placed the worker off work for one week due to the left shoulder issues and to give the worker time to heal.

The WCB contacted the worker on February 10, 2025 noting concern that the worker was off work from February 1, 2025 to February 7, 2025 as they were previously at work on modified duties and noting that before the January 31, 2025 physiotherapy assessment, there was no mention of a left shoulder injury. The worker indicated they reported falling on their left side, noting they were carrying a backpack on their right shoulder when they fell, which resulted in injury to both shoulders. The worker advised they did not have time to mention all injuries to their physician and confirmed they had no other injury since the January 4, 2025 accident.

On February 12, 2025, the WCB contacted the treating physician's office, which confirmed it submitted all documented information in the reports to the WCB, and there was no information regarding a left shoulder injury.

The WCB advised the worker on February 18, 2025 that the claim was accepted for injuries to their left knee, right shoulder, and left hand only and they were not entitled to wage loss benefits for February 1 - 7, 2025.

On March 3, 2025, the worker requested Review Office reconsider the WCB's decision noting they sustained multiple injuries at the time of the workplace accident, including to both shoulders, and reported all the injuries to the employer. The worker submitted the treating physician made an error in not reporting the left shoulder injury, but that they fell on that shoulder and the treating physiotherapist placed them off work because of that injury.

On March 25, 2025, Review Office determined that the WCB should not accept responsibility for the worker's left shoulder difficulties in relation to the January 4, 2025 workplace accident and that the worker is not entitled to wage loss benefits for February 1, 2025 to February 7, 2025. The worker filed an appeal with the Appeal Commission on June 26, 2025 and a hearing was arranged.

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.

Worker’s Position

The worker appeared in the hearing on their own behalf and outlined their position that they sustained injury to both shoulders, as well as their left hand and knee because of the workplace accident of January 4, 2025. The worker submitted that they have a loss of earning capacity for the week of February 1 - 7, 2025 because of the injury to both shoulders, as indicated in the report of the treating physiotherapist.

The worker indicated to the panel that they advised the employer and their treating family physician that they had injured not only their right shoulder, left knee and left hand, but also their left shoulder when they slipped and fell on January 4, 2025. The worker maintained that they relayed this information from the beginning and could not explain why it was not recorded in the reporting to the WCB. The worker explained they had left shoulder symptoms right after the fall and that they reported the injury to the employer and to the WCB by telephone.

Employer's Position

The employer did not attend the hearing but provided a written submission in advance of the hearing. The employer's position is that the WCB should not accept responsibility for the worker's left shoulder condition as the evidence does not support a finding that it is a consequence of the compensable accident of January 4, 2025. The employer further submits the worker is not entitled to wage loss benefits from February 1 - 7, 2025. The employer's position is that the WCB decision of February 18, 2025 is correct and should be upheld.

Analysis

This appeal arises out of the decisions by the WCB that the worker's left shoulder condition is not compensable as it cannot be causally related to the workplace accident of January 4, 2025, and further, that the worker is not entitled to wage loss benefits for February 1 - 7, 2025 as their absence from work in that period is not a result of the workplace accident. For the worker's appeal to succeed, the panel would have to find that as a result of the workplace accident of January 4, 2025, the worker sustained an injury to their left shoulder, and that the worker sustained a loss of earning capacity from February 1 - 7, 2025 as a result of that accident. As detailed in the reasons that follow, the panel was not able to make such findings and therefore the worker's appeal is denied.

The panel reviewed the evidence to consider if there is support for the worker's position that they sustained a left shoulder injury at the time of the workplace accident. We note that the first mention of such an injury as found in the WCB claim file is set out in the initial report submitted by the treating physiotherapist in relation to their assessment of the worker on January 31, 2025. At that time, the physiotherapist recorded the worker's description of an injury to both shoulders, the left knee and low back after a fall at work on January 4, 2025, noting the worker stated they fell on their left shoulder. The panel also noted that the physiotherapist recorded bilateral limitations in shoulder movement due to pain and offered their diagnosis of bilateral AC joint sprain and left bicep tendinopathy.

The panel also considered the reports made by the worker to the treating family physician on January 13, 20 and 27, 2025. None of those reports indicate any report or findings in relation to left shoulder symptoms, and we note the WCB contacted the family physician's clinic on February 12, 2025, and confirmed there are no additional chart notes related to a left shoulder injury. Similarly, the worker's report to the WCB of January 13, 2025 noted only that they sustained injury to their left knee, right shoulder, and left hand. In conversation with the WCB on January 17, 2025, the worker indicated they injured their left hand, left knee and right shoulder, and that by January 12, 2025, they had pain in their left knee and lower back. The panel also noted the employer's January 20, 2025 report to the WCB, based on the information provided by the worker, indicates only injury to the worker's left knee, right shoulder, and left hand.

While the panel accepts that when the worker slipped on the ice upon entering the workplace on January 4, 2025, they sustained left side injuries, we are not satisfied based on the evidence that the worker sustained injury to their left shoulder at that time. The evidence based on the reporting nearest to the date of the accident, to the employer, to the WCB and to the treating family physician, does not indicate the worker hurt their left shoulder when they fell on January 4, 2025.

The panel also reviewed the evidence in relation to the worker's absence from work from February 1 through 7, 2025. We note that from the date of the accident to January 31, 2025, the worker continued with their duties, initially without restrictions and then on modified duties on the recommendation of the treating family physician. The treating physiotherapist determined on January 31, 2025 that the worker should not return to work for one week and explained to the WCB on February 10, 2025 that the worker's "left shoulder is the main issue" and that this was the primary reason that the worker was taken off work, although the worker had symptoms in both shoulders. Based on the physiotherapist's reporting and conversation with the WCB, the WCB approved physiotherapy in relation to the worker's right shoulder only as of February 13, 2025.

In determining whether the worker is entitled to wage loss benefits for February 1 through 7, 2025, the panel considered if there is evidence that the worker could not work during that period because of the compensable workplace injury. Here, the evidence supports a finding that the worker could work modified duties until January 31, 2025 and that they were removed from work at that time primarily due to their left shoulder injury, which the panel has found is not causally related to the workplace accident. As such, the worker is not entitled to wage loss benefits for February 1 - 7, 2025.

Based on the evidence before the panel and applying the standard of a balance of probabilities, we find that the WCB should not accept responsibility for the worker’s left shoulder difficulties as a consequence of the January 4, 2025 accident and the worker is not entitled to wage loss benefits for February 1, 2025 to February 7, 2025. The worker's appeal is therefore denied.

Panel Members

K. Dyck, Presiding Officer
D. Rhoda, Commissioner
M. Kernaghan, Commissioner

Recording Secretary, J. Lee

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

Signed at Winnipeg this 27th day of November, 2025