The Appeal CommissionThe Workers Compensation Act of Manitoba

Preamble

The worker is appealing the decision made by the Workers Compensation Board ("WCB") that they are not entitled to further benefits in relation to the March 21, 2021 accident. A file review was held on January 26, 2026 to consider the worker's appeal.

Issue

Whether or not the worker is entitled to further benefits in relation to the March 21, 2021 accident.

Decision

The worker is not entitled to further benefits in relation to the March 21, 2021 accident.

Background

The worker submitted a Worker Incident Report to the WCB on April 15, 2021 to report an injury to their left knee that occurred at work on March 21, 2021. The worker described pulling a heavy object and twisting their knee on uneven ground. The worker noted they felt instant pain but continued their shift, with worsening pain. It was not reported immediately as the worker felt it would get better after self-treating with ice, massage and over the counter topical pain medication. The employer provided the WCB with their Report also on April 15, 2021, and confirmed the worker injured their left knee due to an incident at work on March 21, 2021.

On April 19, 2021, the WCB spoke with the worker who confirmed the mechanism of injury and noted they had reported the incident to their employer on March 21, 2021, but did not complete an incident report until days later. Complaints regarding their knee difficulties had been made to two of their supervisors. The worker also confirmed they had not sought medical treatment for their injury and continued to self-treat and had not missed time from work. On April 20, 2021, the WCB spoke with one of the worker's supervisors who confirmed the worker reported the incident to them on March 21, 2021. They noted the worker initially advised it wasn't a "big deal" but made ongoing complaints of soreness at which time, a WCB report was made. It was confirmed the worker had not missed time from work. On the same date, the WCB advised the worker their claim was accepted.

The worker attended for an initial appointment with their treating physician on April 26, 2021 reporting medial meniscus pain, instability and pain when walking on uneven surfaces after twisting their knee at work. After examining the worker, the physician found no swelling or redness at the worker's left knee but a positive McBurney test at the medial aspect indicated a medial meniscus tear. The worker was referred for an MRI study, which took place on May 6, 2021, and indicated “Focal complex tear posterior horn medial meniscus”. Moderate knee joint swelling and mild chondromalacia at the medial femoral condyle and femoral trochies was also found. The worker met with an orthopedic surgeon on June 7, 2021 who recommended arthroscopic surgery to repair the tear. The surgery was approved by the WCB on June 24, 2021.

The worker underwent a left knee arthroscopy with a partial medial meniscectomy and debridement on August 20, 2021. After a post-surgery follow-up appointment with the treating surgeon on September 15, 2021, where the worker reported they had some mild discomfort with kneeling but no other functional difficulties, the surgeon noted the worker could return to work at any time and gradually return to full activities. The worker started physiotherapy on September 21, 2021. By December 1, 2021, the treating physiotherapist recommended the worker could return to their full regular duties, which occurred on December 8, 2021.

The WCB spoke with the worker on January 7, 2022, who advised the WCB their return to work was going well and they had no concerns. The employer confirmed to the WCB on January 13, 2022, the worker had returned to their full regular duties, and it was going well. The worker was discharged from physiotherapy treatment on January 18, 2022. On January 27, 2022, the WCB provided the worker with a letter advising that as they had returned to work and were no longer attending physiotherapy, their file would be closed but should they experience further difficulties, to advise the WCB.

On May 12, 2022, the WCB received a report from the worker’s treating physician advising the worker reported ongoing pain at the medial aspect of their left knee with some discomfort when deep squatting and bending. The physician noted the worker continued to work and did not believe the difficulties required further surgical intervention. The physician requested further physiotherapy sessions for the worker to help improve those difficulties. The worker’s file was reviewed by a WCB medical advisor on May 24, 2022, who opined any further physiotherapy treatment would be related to the worker’s pre-existing degenerative left knee condition and not the March 21, 2021 workplace accident. On May 27, 2022, the WCB provided the worker with a decision letter advising they were not entitled to further benefits as it had been determined their current difficulties were not related to their compensable injury.

The worker requested reconsideration of the WCB’s decision to the Review Office on April 22, 2025. In their submission, the worker noted they had never recovered to full function in their left knee and requested further benefits to determine if they require further treatment. On July 31, 2025, the Review Office determined the worker was not entitled to further benefits. The Review Office found the opinion from a WCB medical advisor indicated the medical information on file supported the worker had recovered from the compensable left knee injury and subsequent surgery and as such, found the worker’s current reported difficulties were related to the pre-existing left knee degenerative chondromalacia found on the May 2021 MRI study.

The worker filed an appeal with the Appeal Commission on September 11, 2025 and a file review was arranged.

Reasons

Applicable Legislation and Policy

At the time of the accident, the worker was employed by a federal government agency or department and therefore this claim is adjudicated under the provisions of the Government Employees Compensation Act (the "GECA"). Section 4(1) of the GECA provides that an employee is entitled to compensation if they sustain personal injury by an accident arising out of and in the course of their employment. Section 4(2)(a) of the GECA provides that a federal government employee in Manitoba receives compensation at the same rate and under the same conditions as a worker who is covered under The Workers Compensation Act (the "Act").

The Appeal Commission and its panels are bound by the provisions of the Act, regulations under the Act and the policies established by the WCB's Board of Directors. The provisions of the Act in effect as of the date of the worker’s accident are applicable.

A worker is entitled to benefits under Section 4(1) of the Act when it is established that a worker has been injured in an accident arising out of and in the course of the employment. Section 4(2) of the Act states that a worker injured in an accident is entitled to wage loss benefits for the loss of earning capacity resulting from the accident, but no wage loss benefits are payable where the injury does not result in a loss of earning capacity during any period after the day on which the accident happens.

When the WCB determines that a worker has sustained a loss of earning capacity, an impairment or requires medical aid because of an accident, compensation is payable under Section 37 of the Act. Section 39(2) of the Act sets out that wage loss benefits are payable until the worker's loss of earning capacity ends or the worker attains the age of 65 years.

Section 27 of the Act allows the WCB to provide medical aid “as the board considers necessary to cure and provide relief from an injury resulting from an accident.”

The WCB established Policy 44.10.20.10, Pre-existing Conditions (the "Policy"), which addresses eligibility for compensation in circumstances where a worker has a pre-existing condition. The purpose of the Policy is identified, in part, as follows:

The Workers Compensation Board (WCB) will not provide benefits for disablement resulting solely from the effects of a worker's pre-existing condition as a pre-existing condition is not "personal injury by accident arising out of and in the course of the employment." The WCB is only responsible for personal injury as a result of accidents that are determined to be arising out of and in the course of employment.

The Policy defines a pre-existing condition as a medical condition that existed prior to the compensable injury and provides that when a worker’s loss of earning capacity is caused in part by a compensable injury and in part by a non-compensable pre-existing condition or the relationship between them, the WCB will accept responsibility for the full injurious result of the compensable injury.

Worker’s Position

The worker’s position was set out in the Worker Appeal of Claims Decision form dated September 9, 2025. The worker states that they have ongoing knee problems which are a direct continuation of their workplace accident and are unrelated to any pre-existing issues. The worker provided that they had no history of knee pain or mobility issues, nor any treatment related to same, prior to the workplace accident. The worker indicates that their symptoms, which began immediately after the accident, have not resolved and that they have ongoing knee pain.

Employer’s Position

The employer provided no submission in advance of the hearing.

Analysis

The panel is tasked with determining whether or not the worker is entitled to further benefits in relation to the accident of March 21, 2021. For this appeal to succeed, the panel would have to find that the worker continued to require medical aid or sustained a further loss of earning capacity as a result of their injury or suffered a permanent impairment as a result of the workplace accident. For the reasons outlined below, the panel was unable to make such findings and therefore the worker’s appeal is denied.

The panel has carefully reviewed all of the evidence on file and considered whether, on a balance of probabilities, the worker’s ongoing left knee difficulties and need for further benefits are causally related to the March 21, 2021 workplace accident.

There is no dispute that the worker sustained a compensable injury to their left knee arising out of and in the course of employment. The claim was accepted based on a mechanism consistent with a meniscal injury, and this was subsequently confirmed by MRI imaging which identified a complex tear of the medial meniscus. The worker underwent arthroscopic surgery on August 20, 2021, which included a partial medial meniscectomy and debridement, and the WCB appropriately provided benefits in relation to that injury and recovery period.

The central issue before the panel is whether the worker’s reported ongoing symptoms, as of May 2022 and beyond, are a continuation of the effects of the compensable injury or are attributable to other factors, including the documented pre-existing degenerative condition.

In considering this question, the panel places significant weight on the worker’s post-surgical recovery and functional status. The evidence indicates that following surgery, the worker progressed well. At the September 15, 2021 follow-up, the treating orthopedic surgeon reported only mild discomfort with kneeling and cleared the worker to return to work without restriction. The treating surgeon stated the worker was making a “satisfactory recovery.” Physiotherapy records further support a positive recovery, with the worker returning to full regular duties by December 8, 2021. Both the worker and employer confirmed in January 2022 that the return to work was going well, and the worker reported no concerns at that time. The worker was subsequently discharged from physiotherapy on January 18, 2022.

The panel finds that this evidence supports that the worker experienced a substantial, if not complete, recovery from the effects of the compensable meniscal injury and surgery by January 2022. The absence of reported functional limitations, combined with a successful return to full duties and discharge from treatment, confirms there was recovery.

The panel has also considered the later report from the treating physician dated May 12, 2022, in which the worker reported ongoing medial knee pain, particularly with deep squatting and bending. However, the physician noted that the worker continued to work and did not recommend further surgical intervention. While additional physiotherapy was suggested, the panel notes that this recommendation was not accompanied by evidence indicating a recurrence or worsening of the compensable meniscal injury.

In contrast, the medical evidence establishes the presence of a pre-existing degenerative condition in the left knee. The May 6, 2021 MRI identified mild chondromalacia, a degenerative condition affecting the cartilage. The WCB medical advisor opined on May 24, 2022 that the worker’s ongoing symptoms were more consistent with this pre-existing degenerative condition rather than the resolved meniscal tear. The panel finds this opinion to be consistent with the overall clinical picture, particularly given the worker’s demonstrated recovery and return to full function prior to the recurrence of symptoms.

The panel acknowledges the worker’s position that they did not fully recover and continue to experience symptoms. However, the panel must weigh this against the contemporaneous medical and functional evidence. On a balance of probabilities, the panel is unable to establish a sufficient causal connection between the worker’s current difficulties and the March 21, 2021 compensable injury.

Rather, the evidence supports that the compensable injury resolved following surgery and rehabilitation, and that the worker’s ongoing symptoms are more likely related to the natural progression of the pre-existing degenerative condition.

Accordingly, the panel finds that the worker is not entitled to further benefits in relation to the March 21, 2021 accident.

Panel Members

R. Lemieux Howard, Presiding Officer
J. Peterson, Commissioner
T. Burnside, Commissioner

Recording Secretary, J. Lee

R. Lemieux Howard - Presiding Officer
(on behalf of the panel)

Signed at Winnipeg this 26th day of March, 2026