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 and medical aid benefits in relation to the March 19, 2021 accident. A hearing took place on January 15, 2026 to consider the appeal.

Issue

Is the worker entitled to wage loss and medical aid benefits in relation to the March 19, 2021 accident?

Decision

The worker is not entitled to wage loss and medical aid benefits in relation to the March 19, 2021 accident.

Background

On June 1, 2021, the worker provided a Worker Incident Report to the WCB reporting injuries to their shoulder, neck and back that occurred at work on March 19, 2021. The worker described their job duties that day as involving extensive digging of heavy materials by hand and that by the end of their shift, they noted pain in their right shoulder and neck. The worker noted they treated the injury at home over the weekend and on the following Monday, sent a text message to their manager reporting an injury. The worker advised that they continued working and self-treating the injury at home until April 12, 2021 when they woke up feeling “…a lot of pain" in their back near the shoulder blade, and as a result, they made an appointment to see their family physician on April 13, 2021.

In a virtual visit with the family physician on April 12, 2021, the worker reported injuring their right shoulder approximately 2 weeks previously but that they were not sure if it happened at work. The worker noted feeling discomfort in their right shoulder after doing a lot of shoveling at work, which they self-treated. The worker reported the shoulder got better but the previous weekend, they were carrying a lot of firewood and experienced ongoing right shoulder and neck pain with no neurological symptoms. The family physician ordered an x-ray, recommended heat, ice and anti-inflammatory medication as required, and provided with a prescription for physiotherapy. The right shoulder x-ray taken on April 13, 2021 showed normal findings. The same day, the family physician assessed the worker providing a diagnosis of soft tissue discomfort right shoulder, recommending conservative management and physiotherapy.

At physiotherapy assessment on April 21, 2021, the worker reported progressively worsening right neck, upper back and shoulder pain that radiated down their right arm, and intermittent right-hand numbness with weakness after shoveling heavy wet dirt and clay at work. The physiotherapist noted reduced range of motion, positive rotator cuff testing on the right and diagnosed right rotator cuff tendinopathy and C6-C7 discogenic pain and radiculopathy. The physiotherapist placed the worker off work until MRI imaging took place. The physiotherapist's chart notes from that assessment indicate the worker reported they did not know the exact cause of their injury, noting it began after shoveling clay and got worse after using a chain saw to cut wood.

On June 2, 2021, the WCB contacted the worker to discuss their claim. The worker confirmed their right shoulder and upper back felt bruised and tender after work on March 19, 2021. The worker said they believed the pain was due to pulled muscles which they self-treated with ice. The worker described ongoing pain in their right upper back and shoulder going into their right arm. The worker said they woke up on April 12, 2021 with severe, burning pain in their right shoulder, which lead them to seek medical treatment. The worker denied any further accident or incident after March 19, 2021 and said they had not mentioned any work incident to either their treating physician or the physiotherapist. The worker reported they were off work since April 20, 2021 based on the recommendation from their physician and physiotherapist, but confirmed the employer offered light duties.

The Employer’s Accident Report provided to the WCB on June 4, 2021 notes the worker was away from work since April 21, 2021 and was away from work from April 12-16, 2021. The employer outlined that the worker told their supervisor they did not injure themselves at work but that the injury occurred over the weekend of April 10-11, 2021. The employer further noted that the worker told colleagues that the injury occurred while chopping wood at home. The worker contacted the employer on May 28, 2021, frustrated with their lack of improvement and referenced a workplace incident in December 2017. On May 31, 2021, the worker again contacted the employer to advise their spouse recalled the worker was sore after work "one day in March" and the worker found a text message they sent to their supervisor on March 22, 2021 asking if they could report an injury by phone. The employer noted the worker’s supervisor was away from work at that time and did not respond. The employer outlined that the worker later reported they were injured on March 19, 2021 and confirmed the worker was working on a dig site and doing a lot of shoveling that day. The employer further reported the worker continued to work for three weeks after March 19, 2021 and did not seek medical treatment during that time.

On June 7, 2021, the WCB received a copy of the May 8, 2021 CT scan of the worker’s thoracic and cervical spine which indicated “…mild right foraminal narrowing secondary to Luschka and facet arthropathy” at both the C4-C5 and C5-C6 levels, along with “…minor degenerative disc narrowing and vacuum phenomena at T6-T7” and “…no significant compression of the thoracic spinal canal or of the neural foramina.”

On June 7, 2021, the WCB notified the worker by letter that the claim was not accepted as it could not establish a causal connection between their right shoulder difficulties and their employment.

On February 2, 2024, the worker requested Review Office reconsider the WCB’s decision and on February 7, 2024, Review Office returned the worker’s file to Compensation Services for further investigation. On February 8, 2024, the WCB spoke with the worker’s supervisor who indicated they could not provide a copy of the text message sent by the worker in March 2021; however, they recalled the worker contacting them to ask if they could complete an incident report for an incident that occurred months previously. The supervisor confirmed they were away on scheduled vacation on March 22, 2021 and noted the worker continued working until April 12, 2021 without reporting any difficulties related to work.

On February 12, 2024, the WCB spoke with a coworker present with the worker on March 19, 2021. The coworker could not recall the specific job performed on that date but did recall the worker having shoulder difficulties, though they were not aware of the cause of those difficulties. The same day, the WCB also spoke with another coworker from March 19, 2024 who said they operated heavy machinery that day and would not have noted injury to a coworker on the ground, although they were aware the worker took time off work for an injury.

On February 13, 2024, the worker provided further details of the March 19, 2021 incident and a copy of the March 22, 2021 text message sent to their supervisor. On February 15, 2024, the supervisor confirmed the worker's duties involved shoveling on March 19, 2021 and provided the worker’s timecards. The WCB later spoke with three other coworkers, who each confirmed they did not see the worker's injury, but knew the worker was injured and believed the injury happened at work. On March 6, 2024, the WCB notified the worker their claim was accepted for an accident at work on March 19, 2021, but they were not entitled to benefits due to the delay in reporting the incident and seeking treatment.

On March 25, 2024, the worker requested Review Office reconsider the WCB’s decision as to benefit entitlement, noting their treating healthcare providers and coworkers supported the claim they sustained injury to their right shoulder on March 19, 2021 and continued to experience difficulties because of that injury. The employer’s representative provided a submission supporting the WCB’s decision, and the worker submitted a response on May 6, 2024. On May 16, 2024, Review Office determined the worker was not entitled to wage loss and medical aid benefits.

On July 23, 2024, the worker provided a June 5, 2024 report from the treating physiotherapist and further witness statements. The physiotherapist's reported noted they began treating the worker on April 21, 2021, continuing into December 2022. The physiotherapist noted that heavy physical job duties were a common occupational risk factor for the development of early onset degenerative changes, which could result from “…an accumulation of micro trauma.” The physiotherapist opined that some of the worker’s job duties could have led to early onset of the degenerative changes noted on the worker’s diagnostic imaging. The other witness statements outlined that on April 11, 2021, the worker said their shoulder was sore and as such, only helped with cutting and loading firewood but did not actively take part.

On August 7, 2024, the WCB advised the worker that upon review of the new evidence, there was no change to the decision they were not entitled to benefits.

The worker again requested Review Office reconsider the WCB’s decision, providing other information including a Home Assessment Report from an occupational therapist dated March 17, 2023 and an Occupational Therapy Report dated May 30, 2023. Review Office returned the worker’s file to the WCB’s Compensation Services for further consideration of the new information and on September 9, 2024, the WCB advised the worker that upon review of the new information, there was no change to the decision that the worker is not entitled to wage loss and medical aid benefits. The worker sent further information to the WCB on October 7, 2024 including a statement from their parent and letters from the treating family physician and chiropractor. On October 22, 2024, the WCB notified the worker there would be no change to the earlier decision.

The same day, the worker again requested Review Office reconsider the WCB’s decision. On November 26, 2024, the employer’s representative provided a submission in support of the WCB’s decisions, and the worker provided a response on November 27, 2024. On December 5, 2024, the WCB received a copy of the worker’s file from the employer’s disability insurer. Review Office determined on December 11, 2024 that the worker is not entitled to wage loss and medical aid benefits.

The worker’s representative filed an appeal with the Appeal Commission on June 10, 2025 and a hearing took place on January 15, 2026. The worker appeared in the hearing accompanied by their spouse and represented by a worker advisor. The employer took part in the hearing, represented by an advocate.

Reasons

Applicable Legislation and Policies

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. The provisions of the Act in effect at the date of accident are applicable.

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 a worker entitled to benefits with such medical aid as the WCB "considers necessary to cure and provide relief" from a compensable injury.

The WCB established Policy 44.10.20.10, Pre-existing Conditions (the Pre-existing Policy) 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, Further Injuries Subsequent to a Compensable Injury (the Further Injuries Policy) to address circumstances where a worker sustains a separate injury that is not a recurrence of the original compensable injury, but which may be causally related to the original compensable injury. This Policy provides that a further injury is compensable when the cause is predominantly attributable to the compensable injury.

Worker's Position

The worker's position, as outlined by the worker advisor, is that the worker is entitled to wage loss and medical aid benefits in relation to the March 19, 2021 accident as the evidence confirms that the worker had not recovered from the compensable injury by April 11, 2021, and that after that date, the worker sustained a loss of earning capacity and required medical aid in relation to their compensable upper back and shoulder injury due to an aggravation of their compensable shoulder and back injury while undertaking activities away from work. Further, the worker's position is that the evidence supports a finding that the worker's psychological condition, diagnosed in 2022 is compensable as a further injury that is a result of the compensable injury. The worker advisor clarified that the worker is not asserting that their diagnosis of Post Traumatic Stress Disorder ("PTSD") is causally related to the workplace injury of March 19, 2021, but that the diagnoses of Somatic Symptom Disorder, Major Depressive Disorder and Cannabis Use Disorder are causally related to the accident of March 19, 2021.

Employer's Position

The employer's position is that the worker is not entitled to medical aid and wage loss benefits in relation to the accident of March 19, 2021 as the evidence indicates that the worker recovered from the acute effects of the injury sustained in the accident by the time the worker sought medical treatment and sustained a loss of earning capacity. The employer advocate also noted the evidence that the worker has pre-existing degenerative conditions in their upper back and right shoulder that cannot be causally linked to the workplace accident. Further, the employer's position is that the evidence does not support the worker's assertion that their psychological conditions are causally related to the workplace accident of March 19, 2021.

Analysis

This appeal arises out of the WCB's decision that while the worker sustained injury as a result of an accident at work on March 19, 2021, the evidence does not support a finding that the worker required medical aid or sustained any loss of earning capacity as a result. The worker takes a different view, and as a result is appealing the WCB's decision. For the worker's appeal to succeed, the panel would have to find, on a balance of probabilities, that as a result of the injury sustained by the worker in the workplace incident of March 19, 2021, it was necessary that the worker receive medical aid to "cure and provide relief" from the effects of that injury or that the worker was not capable of working as a result of that injury. 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 medical reporting in relation to the worker's back and shoulder injury. We noted the worker did not seek out any medical treatment until April 12, 2021, more than three weeks after the date of accident. While the worker testified that they self-treated their symptoms prior to this date, and this is supported by the initial medical reporting, we also note that the treating family physician's chart notes for the April 12, 2021 virtual appointment indicate that the worker at that time reported improvement of symptoms after the initial injury but that day, they awoke with worsening symptoms. The treating physician also noted in their chart notes of April 12 and 13, 2021, that the worker reported worsening pain after "carrying a lot of firewood" or getting some firewood over the previous weekend. The physician recorded the worker's report of noticing symptoms in their shoulder after the workplace incident and as of the time of examination, further symptoms in their neck area. The panel also reviewed the initial physiotherapy assessment report and chart notes of April 21, 2021, which note the worker reported pain that began after having to shovel clay (presumably at the time of the workplace accident) that "got worse after [the worker] used a chain saw to cut wood." We further noted that the chart notes from the date of assessment explicitly stated that the worker reported they did "…not know the exact cause" of their injury but the Physiotherapy Initial Report to the WCB dated June 2, 2021 outlines that the worker reported injury "after doing repetitive shovelling (sic) of heavy wet dirt and clay".

The worker advisor proposed that there is evidence that the worker's injury of March 19, 2021 did not resolve by April 12, 2021 and was worsened or aggravated by the worker's non-work activities on April 11, 2021. The only evidence in support of this position is the worker's own testimony and report, as they did not seek medical attention prior to April 12, 2021. While it is not necessary that an injured worker immediately seek medical attention, the evidence here suggests that the worker did not require medical attention or any leave from work arising out of the workplace injury until engaging in some sort of activities related to obtaining firewood on April 11, 2021. The panel accepts the evidence of the worker's later report of continuing and worsening symptoms, but we do not find that this establishes a link between the initial injury which did not cause the worker to seek medical attention or miss any work, and the symptoms that the worker reported on and after April 12, 2021. In this regard, the panel prefers and relies upon the medical reporting nearest to the date of accident, in particular, the reports from the treating family physician and treating physiotherapist.

The panel also noted that despite the evidence the worker initially tried to report a workplace injury on or about March 22, 2021 when they sent a text message to their supervisor who was away on vacation, the worker also stated they "forgot" to follow up and explained they self-treated the injury and self-modified their work, and believed they could not report the injury after a certain period. The panel finds that this explanation suggests an unfamiliarity with workplace injuries that is not borne out by the worker's history of prior WCB claims. We also note that the Employer's Accident Report outlines a different history, setting out that the worker initially told their supervisor that they did not injure themselves at work but hurt themselves over the weekend of April 10 and 11, 2021. It was only after the worker ran out of sick time in late May 2021 that they considered making a WCB claim, according to the Employer's report, initially referring to a possible accident in December 2017, and then settling on March 19, 2021 as the injury date.

The panel also considered that the worker has not proven to be a reliable and consistent historian in relation to the circumstances of this claim. We noted the varying accounts by the worker, as recorded by their treatment providers, as to the events of April 11, 2021. As noted above, the family physician recorded that the worker was carrying or getting firewood. The treating physiotherapist noted the worker used a chain saw to cut wood. In the hearing, the worker described driving to and from the wood lot, and trying, without success, to start a chainsaw, using a pull-start mechanism. Witnesses were also not consistent in their descriptions of the worker's activities that day. Given the various activities reported, the panel is challenged to ascertain just what activity the worker was engaged in on April 11, 2021; however, we are certain based on all the evidence that the worker was not engaged in a work-related activity.

It is also clear from the evidence before us that until April 11, 2021, the worker was able to continue working and did not seek any medical attention, but after the April 11, 2021 activity, the worker sought medical attention and obtained a medical note authorizing them to remain off work. This supports a finding that something significant happened to the worker on April 11, 2021. The worker's May 31, 2021 report to the WCB indicates there was a notable change in the worker's symptoms as of April 12, 2021 when the worker described waking in the morning and feeling "…a lot of pain in my back around my shoulder blade. It was on fire, my neck and shoulder were stiff as well." This is consistent with the worker's testimony to the panel. We are satisfied that it was this increase in symptoms that spurred the worker to seek medical attention and physiotherapy and take time off work from April 12-16, 2021, and again after April 21, 2021.

The panel also noted there is evidence of degeneration in the worker's thoracic and cervical spine. The treating family physician, in their report of October 4, 2024 describes that diagnostic imaging revealed degenerative conditions in the worker's spine. While the worker testified that they had no prior symptoms in relation to these conditions, the panel is satisfied that these degenerative findings, particularly those from the May and August 2021 imaging more likely than not predate the workplace accident. We also considered that the treating physiotherapist in their report of June 5, 2024, noted that heavy physical work is a common occupational risk factor for early onset degenerative changes and the panel accepts that this may be the case in general, and for the worker in particular. However, given the medical reports indicating that within a few weeks of the injury, the worker's symptoms were improving and the absence of prior symptoms, we find the medical evidence does not support a finding that the workplace injury of March 19, 2021 enhanced these conditions.

The panel is not satisfied that the evidence supports the worker's position that their need for medical treatment and time off work arose out of the workplace activities and resulting injury of March 19, 2021. We find it more probable that the requirement for treatment and loss of earning capacity arose out of the worker's activities of April 11, 2021, which did not arise out of and in the course of the worker's employment.

The worker also took the position that the events of April 11, 2021 caused a worsening of the worker's injury and as such should be compensable. For the panel to accept this position, we would have to find that the cause of the April 11, 2021 injury is predominantly attributable to the compensable injury. The panel considered that the worker judged themselves sufficiently recovered from the workplace injury to join in at least some of the planned activities of April 11, 2021. Given the lack of any medical reporting in relation to the compensable back and shoulder injury, the presence of pre-existing degenerative conditions, and the worker's testimony describing a dramatic and sudden increase in symptoms after attempting to pull-start a chainsaw, the panel is unable to find that the symptoms reported after April 11, 2021 and any related injury are predominantly attributable to the workplace accident of March 19, 2021. Rather, on the evidence before us, we find it more likely than not that the worker's symptoms and condition after April 11, 2021 arose out of a non-compensable further injury that occurred on that date.

The worker's advocate also took the position that as a result of the compensable injury, the worker sustained a psychological injury, diagnosed in late-2022. While the panel accepts that the worker subsequently experienced chronic pain in their upper back and right shoulder, which has been extensively investigated without any resulting explanation for that pain, and which has been described as a possible trigger for the development of the worker's psychological difficulties, we do not find the evidence supports the worker's position that this chronic pain arose out of the workplace injury sustained on March 19, 2021 for the reasons identified above. Specifically, we note the presence of pre-existing degenerative conditions, the worker's self-reported improvement in symptoms, the lack of treatment and lack of time loss before April 11, 2021, and our findings as to the further injury occurring on that date. In addition, the medical reporting prior to the incident giving rise to the 2022 psychological injury claim does not support such a causal relationship. In these circumstances, the panel is not able to find on a balance of probabilities that the workplace injury sustained on March 19, 2021 caused the worker to develop any related psychological conditions.

Based on the totality of the evidence before the panel, and applying a balance of probabilities, we find that the worker did not require medical aid to cure and provide relief from the injury sustained in the workplace accident and that the worker did not sustain any loss of earning capacity as a result of that injury. For this reason, the worker is not entitled to wage loss and medical aid benefits in relation to the March 19, 2021 accident, and the 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 29th day of January, 2026