The Appeal CommissionThe Workers Compensation Act of Manitoba

Preamble

The worker appealed the Workers Compensation Board ("WCB") decision that they are not entitled to wage loss benefits from April 22, 2025 to April 30, 2025. An appeal panel considered the worker's appeal by a file review held on November 27, 2025.

Issue

Is the worker entitled to wage loss benefits from April 22, 2025 to April 30, 2025?

Decision

The worker is not entitled to wage loss benefits from April 22, 2025 to April 30, 2025.

Background

On February 7, 2025, the worker submitted a Worker Incident Report to the WCB indicating they injured their left wrist at work on February 6, 2025 when lifting an item. The worker described initially feeling a sharp pain to their left wrist and thereafter, continuing sharp pain in that wrist when trying to lift heavy objects. The worker advised their manager of the incident. The worker sought medical treatment on February 7, 2025, reporting pain to their left wrist since the previous day after lifting a heavy object.

The treating physician recorded findings of minimal tenderness to the left wrist and normal range of motion and provided a diagnosis of left wrist strain. The physician recommended two days off work followed by two weeks of light duties involving no heavy lifting/pushing/pulling greater than ten pounds, noting they anticipated improvement in one to two weeks.

At initial assessment of the worker on February 8, 2025, the treating physiotherapist recorded reduced range of motion of the left wrist, with report of pain on resisted wrist flexion and extension. The physiotherapist provided a diagnosis of muscle strain and recommended restrictions of lifting no more than ten pounds with the left hand.

The Employer’s Accident Report provided to the WCB on February 18, 2025 confirmed the mechanism of injury as reported by the worker and that the worker reported the incident to the employer when it occurred. The employer noted the availability of modified duties for the worker.

When the WCB contacted the worker on March 6, 2025, the worker confirmed they initially felt a sharp pain to their left wrist after lifting a heavy object, which went away but left a constant dull ache, with sharp pain returning when they would lift something. The worker indicated their symptoms were mostly better, with an occasional “weird” feeling when trying to lift objects. The worker advised they were off work on February 7 and 8, 2025 and returned on February 11, 2025, at modified duties for two weeks before returning to regular duties. The WCB accepted the worker's claim and began providing benefits.

On March 27, 2025, the worker advised they continued with physiotherapy and were working at their regular duties. The worker stated they felt about 90% recovered but noticed pain when putting weight on their wrist.

At physiotherapy on April 4, 2025, the worker reported mild pain, but no discomfort after working an 8-hour shift the previous day. The physiotherapist indicated the worker could continue with their regular duties. At follow-up with the treating physician on April 18, 2025, the physician noted the worker’s report of a slow increase in symptoms after working more hours and that their left wrist was worse than the right. The worker reported that even lifting items less than 10 pounds increased their symptoms, and the physician recommended the worker perform light duties with minimum use of their wrists or be off work for 2 weeks.

The worker contacted the WCB on April 23, 2025 describing an increase in their symptoms and advising that on April 22, 2025, their family physician placed them off work from April 22, 2025 to April 30, 2025 and provided a prescription to see an athletic therapist for reconditioning. The April 22, 2025 report from the family physician indicated the worker was now reporting a repetitive strain injury to both hands, with pain to the back of both hands, which worsened with specific movements. The family physician recommended one week off work to “…focus on muscle building.”

A physiotherapy progress report dated April 24, 2025 noted the worker reported hand pain after finishing their shift, with their job duties that required consistently lifting items increasing their pain. The physiotherapist recommended restrictions of lifting no more than five pounds for two weeks.

The employer confirmed to the WCB on May 9, 2025 that they accommodated the worker within their restrictions from April 18, 2025 to April 21, 2025. On May 12, 2025, the worker advised the WCB that they took a new position with the employer and had not experienced any difficulties with their hands since starting that position.

In a report dated May 17, 2025 the treating physiotherapist noted the worker reported no pain in their left wrist and could perform their regular duties.

On May 23, 2025, the WCB advised the worker they were not entitled to wage loss benefits for the period of April 22 - 30, 2025, noting the treating healthcare providers, except for the family physician seen on April 22, 2025, found the worker was capable of working modified duties and did not require time away from work.

On June 2, 2025, the worker requested Review Office reconsider the WCB’s decision, noting that an increase in their hours caused an increase in their symptoms at which time, their family physician placed them off work for one week from April 22, 2025 to April 30, 2025 to build up muscle strength in their hand. Therefore, the worker submitted they are entitled to wage loss benefits for that period.

On July 29, 2025, Review Office determined the worker was not entitled to wage loss benefits from April 22 - 30, 2025. The worker filed an appeal with the Appeal Commission on September 4, 2025 and the Appeal Commission arranged a file review.

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's position as provided with their Appeal of Claims Decision form dated August 31, 2025, is that the panel should rely on the opinion of the treating family physician of April 22, 2025 which supports the worker's absence from work due to their workplace injury from that date through April 30, 2025. The worker further submitted that the accommodation offered by the employer was not appropriate, noting the occasional need to lift items over the limited weight, especially during busy times such in the week prior to a long weekend. The worker submits they are entitled to wage loss benefits as they were away from work from April 22-30, 2025 because of their workplace injury and on the instructions of their family physician.

Employer's Position

A representative of the employer provided a written submission on November 17, 2025 outlining the employer's position that the worker could work with restrictions as of April 18, 2025, and that the employer was able to accommodate those restrictions. The employer further noted that the medical note of April 22, 2025 did not indicate any reason for the worker's absence from work and that the worker did not advise the employer that their absence from work from April 22-30, 2025 was due to an injury at work.

Analysis

This appeal is about the worker’s entitlement to wage loss benefits from April 22 - 30, 2025, arising out of the accident of February 6, 2025. For the worker’s appeal to succeed, the panel would have to find that the worker had a loss of earning capacity arising out of the compensable workplace injury during that period. For the reasons outlined below, the panel could not make such a finding and therefore we deny the worker’s appeal and confirm the decision of Review Office.

The panel considered the medical reporting in relation to the worker's injury and recovery from that injury. We note that by March 18, 2025 the treating physiotherapist indicated the worker could return to their regular duties, although they continued to have left wrist symptoms. The follow up report on April 4, 2025 confirmed this remained the status quo. On April 18, 2025, the worker sought medical treatment before going to work, and the panel noted that the treating physician recommended the worker could work with restrictions.

The panel noted that the worker described to the WCB on April 23, 2025 that beginning on April 15 2025, they worked a 35-hour week, which caused an increase in symptoms which they reported to the employer on April 16, 2025 and as a result they were moved to another workstation which reduced the use of their wrists. On April 17, 2025, the worker started their shift on regular duties but as their symptoms increased, moved to the lighter duties, and left work before the shift ended due to increasing pain in both wrists. They reported seeing the treating physiotherapist that evening. On April 18, 2025, the worker went to work after seeing the treating physician, working in the light duties position. The worker reported they worked a partial shift the next day, after seeing the physiotherapist earlier in the day.

The evidence indicates that the worker sought treatment from their family physician on April 22, 2025 and that this physician provided a medical note indicating the worker should not work from April 22-30, 2025. The panel noted that this is not the physician who treated the worker's injury prior to this date and that the physician's chart does not indicate any discussion of the possibility of the worker continuing with the modified or light duties that the employer had available.

While the WCB claim file does not contain any physiotherapy reports in relation to the worker's April 17 and 19 treatments, the panel noted that the treating physiotherapist reported that as of April 24, 2025, the worker was "Capable of alternate or modified work duties/hours" with restrictions as noted in effect for two weeks.

We find that the recommendations of the treating physiotherapist and treating physician are consistent for the period in question, in terms of the worker's continuing ability to work with restrictions in place. The recommendation of the worker's family physician is not consistent with the other treatment providers, but the panel noted the family physician did not provide treatment of this workplace injury prior to the worker's April 22, 2025 visit. We therefore prefer and give greater weight to the concurring opinions of the treatment providers who did assess the worker from the date of injury through April 2025.

The panel also noted that the employer confirmed it received both the medical note of April 18, 2025 outlining the worker's restrictions, and the medical note of April 22, 2025 indicating the worker should be off work through April 30, 2025. We further noted that the employer confirmed it could accommodate the restrictions the treating physician outlined on April 18, 2025, which are the same as those outlined by the treating physiotherapist on April 24, 2025. As such we are satisfied that the employer had light duties available which the worker could have continued within the limits set out in the restrictions of both April 18, 2025 and April 24, 2025.

Based on the evidence before the panel, and applying the standard of a balance of probabilities, we find that the worker did not have a loss of earning capacity from April 22-30, 2025 as a result of the compensable left wrist injury and therefore the worker is not entitled to wage loss benefits for that period. We therefore deny the worker's appeal.

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 4th day of December, 2025