The Appeal CommissionThe Workers Compensation Act of Manitoba

Preamble

The worker appealed the Workers Compensation Board ("WCB") decision that they are not entitled to benefits after April 3, 2025. A hearing took place on January 20, 2026 to consider the worker's appeal.

Issue

Is the worker entitled to benefits after April 3, 2025?

Decision

The worker is entitled to benefits after April 3, 2025.

Background

The worker provided a Worker Incident Report to the WCB on February 13, 2025 reporting an injury to their lower back sustained when they slipped and fell on ice at work on February 11, 2025. The Employer’s Accident Report of February 14, 2025 confirmed the mechanism of injury.

The worker sought treatment at a walk-in clinic on February 13, 2025, reporting pain and difficulty walking after slipping on ice at work. The treating physician noted a mildly limited low back range of motion and diagnosed lower back pain. At physiotherapy assessment on February 18, 2025, the worker reported pain with all lumbar movements and significant difficulty and pain when lifting more than six kilograms, beginning after they slipped and fell on February 11, 2025. The physiotherapist recorded swelling, more on the right side then left, reduced lumbar spine flexion with pain throughout and at the end range, and extension within normal limits with end range pain. The physiotherapist diagnosed lumbar instability and recommended the worker remain off work for two weeks.

When the WCB contacted the worker on February 19, 2025, the worker confirmed the mechanism of injury, that a coworker saw them fall, and that they reported the incident to the employer. The worker described having prior low back issues, which were mostly resolved and that they were still attending physiotherapy. The worker described their current symptoms and said they had not discussed returning to work with the employer as they were placed off work for two weeks. The WCB told the worker that the claim was accepted.

At follow-up with the physiotherapist on March 6, 2025, the worker reported back pain that worsened through the day and back ache when leaning forward. The physiotherapist recorded their clinical findings and noted the worker was also reporting neck and shoulder pain since the last appointment. The physiotherapist outlined work restrictions which were provided to the employer on March 12, 2025. On March 14, 2025, the employer confirmed they could not accommodate the worker.

On March 17, 2025, the WCB contacted the treating physiotherapist who confirmed the worker received physiotherapy from May 2024 to February 4, 2025 due to a motor vehicle accident. The physiotherapist provided a report to the WCB setting out the treatment dates prior to the workplace accident. The physiotherapist also provided chart notes for the February 4, 2025 appointment noting the worker reported being busy with their new job and back pain worse when driving but a lot better. The physiotherapist's findings included lower back flexion within normal limits with pain throughout and extension also within normal limits with slight end range pain.

The WCB also spoke with the worker on March 17, 2025 and confirmed the worker was treated by the physiotherapist for a lower back injury sustained in a motor vehicle accident in May 2024. The worker said they felt they were fully recovered from that injury when the workplace accident occurred.

On March 18, 2025, the WCB reviewed a June 26, 2007 CT scan of the worker’s lumbosacral spine conducted on June 26, 2007 and a December 1, 2020 lumbar spine x-ray and added these to the claim file.

The Physiotherapy Progress Report for March 22, 2025 noted the worker’s complaints of “back pain from bending or light lifting at home” and findings of reduced lumbar spine flexion and extension, to half of full range of motion with pain throughout and at end range. The physiotherapist outlined a new diagnosis of facet strain and provided updated restrictions.

On March 27, 2025, the WCB advised the worker by letter that it determined their low back injury had recovered to their pre-accident baseline condition, with any ongoing pain related to a new injury and as such, the worker was not entitled to benefits after April 3, 2025.

On June 2, 2025, the worker’s representative provided the WCB with a copy of their questions to the worker’s treating physiotherapist and the physiotherapist’s response, asking that the WCB review the information and reverse the earlier decision. On June 12, 2025, the WCB sought clarification from the representative on the information from the physiotherapist and on June 13, 2025, the WCB contacted the physiotherapist, who confirmed they treated the worker on February 15, 2025, and the findings on the February 4, 2025 appointment, prior to the workplace accident and on February 15, 2025, were the same. On the same date, the WCB advised the worker’s representative there was no change to the decision the worker was not entitled to benefits after April 3, 2025.

On June 25, 2025, the worker’s representative requested Review Office reconsider the WCB’s decision. On September 5, 2025, Review Office determined the worker was not entitled to benefits after April 3, 2025.

The worker’s representative filed an appeal with the Appeal Commission on September 18, 2025 and a hearing took place on January 20, 2026. The worker appeared in the hearing represented by a worker advisor. The employer did not take part in the appeal.

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 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. Section 27 of the Act allows the WCB to provide an injured worker with such medical benefits as the board considers necessary or advisable to cure or give relief to the worker or for the rehabilitation of the worker.

The WCB established Policy 44.10.20.10, Pre-existing Conditions to explain when the WCB will provide compensation to a worker whose pre-existing health condition may contribute to the severity of a workplace injury or prolong a worker's recovery from such an injury. This Policy provides that wage loss benefits are payable to a worker when the WCB determines they have a loss of earning capacity resulting in part from a workplace injury and in part from a non-compensable pre-existing condition, but those benefits will cease when a worker has recovered from the workplace injury to the point that the injury is no longer materially contributing to the worker's loss of earning capacity. The WCB also established Policy 44.10.80.40, Secondary Injury to address circumstances where a worker sustains a secondary injury caused by an intervening incident, event or exposure that is not work related and there is a causal link between the intervening event and the earlier compensable accident. This Policy provides that a secondary injury is compensable when the dominant cause is the compensable workplace accident.

Worker's Position

The worker's position is that they are entitled to benefits after April 3, 2025 as the evidence supports a finding the worker continued to require medical treatment and to sustain a loss of earning capacity beyond that date. Further, the worker takes the position that the diagnosis of facet strain is a secondary injury resulting from the compensable low back injury and as such further supports a finding that they are entitled to benefits beyond April 3, 2025.

Analysis

The issue in this appeal is whether the worker is entitled to benefits after April 3, 2025 in relation to the workplace slip and fall injury that occurred on February 11, 2025. For the worker's appeal to succeed, the panel would have to find that there is evidence the worker continued to sustain effects of the compensable injury beyond April 3, 2025 such that they required further medical aid or sustained a further loss of earning capacity. As outlined in the reasons below, the panel was able to make such a finding and therefore the worker's appeal is granted.

The panel notes there is evidence that the worker had an earlier lower back injury, sustained in May 2024 because of a non-compensable motor vehicle accident, and that at the time of this accident, the worker continued to receive physiotherapy in relation to that injury. The worker confirmed in the hearing that the treating physiotherapist from the motor vehicle accident claim continued to treat them in relation to the compensable workplace injury.

The treating physiotherapist provided evidence, in an undated narrative report provided to the worker's representative, that the worker developed lumbar instability as a result of the fall, and indicated they agreed with the WCB finding that this represented a "relatively minor soft-tissue injury to the lower back" of the worker. The physiotherapist further noted their opinion that the worker's lumbar instability "did not resolve by March 22" but continued to affect the worker, noting that:

"All of [the worker's] impairments I reported were still related to the injury caused by the workplace incident: 

• Swelling in the erector spinae 

• Limited and painful lumbar range of motion 

• Positive lumbar compression test 

• Positive general torsion test 

• Positive lumbar poster-anterior pressure test 

• Work restrictions of half days, no repetitive bending/lifting, rest breaks as need

… [The worker's] "lumbar instability" did not improve enough by April 3/2025 to the point of no longer needing work restrictions or further medical treatment."

The panel noted the physiotherapist also explicitly recommended the worker continue with functional exercises and physiotherapy. Further the physiotherapist acknowledged the worker's pre-existing degenerative disc disease and that this condition would "significantly impact" the worker's ability to recover from any back injury beyond the typical recovery norms of 6-8 weeks to 12-16 weeks or more.

The panel noted there are no medical reports in evidence to support the WCB's determination that the worker would have recovered from the compensable workplace injury by April 3, 2025. The only medical reporting to consider this question is the physiotherapist's report referenced above which wholly supports the worker's position in this appeal.

The panel noted the treating physiotherapist had an ongoing treatment relationship with the worker over the course of nearly one year by the point at which the WCB terminated the worker's benefit entitlement and was aware of the worker's pre-existing lower back condition. In the circumstances and in the absence of any medical opinions to the contrary, the panel gives significant weight to the treating physiotherapist's opinion and relies upon it.

The worker's advocate also took the position that the physiotherapy diagnosis of facet strain is a secondary injury, the dominant cause of which is the compensable lumbar instability resulting from the workplace accident, and as such that diagnosis should also be compensable under the Secondary Injury Policy. As noted by the treating physiotherapist, the worker's facet strain was not resolved by April 3, 2025. Having already determined the worker is entitled to further benefits beyond that date, it is not necessary that the panel make any finding in respect of this position. We also note that despite the Review Office finding that there is no relationship between the worker's diagnosis of lumbar instability and the diagnosis of facet strain, this question has not been considered or addressed by the WCB Healthcare nor the worker's treating family physician. As such we make no findings in this regard.

Based on the evidence before the panel and applying the standard of a balance of probabilities, we are satisfied that the worker continued to require medical aid and to sustain a loss of earning capacity beyond April 3, 2025. The worker's appeal is granted.

Panel Members

K. Dyck, Presiding Officer
J. Peterson, Commissioner
P. Kraychuk, Commissioner

Recording Secretary, J. Lee

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

Signed at Winnipeg this 29th day of January, 2026