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 December 6, 2021 accident. A hearing was held on February 17, 2026 to consider the worker's appeal.

Issue

Whether or not the worker is entitled to further benefits in relation to the December 6, 2021 accident.

Decision

The worker is not entitled to further benefits in relation to the December 6, 2021 accident.

Background

The worker submitted a Worker Incident Report to the WCB on December 7, 2021 to report that on December 6, 2021 they injured multiple areas of their body at work. They described going into a vehicle that was on an elevated hoist and while attempting to get down, their left foot slipped and they fell out of the vehicle while still holding on to the steering wheel with their right hand. They further described continuing to work after the incident as they felt able to. That night while attempting to sleep, the worker found their right shoulder was in a lot of pain, along with their lower back, left hip and left leg. They returned to work the following day but was having difficulties using their right arm and at that point made a claim to the WCB and left work to seek medical treatment.

On December 9, 2021, the worker attended an initial physiotherapy assessment. The physiotherapist recorded the worker's complaints of right sided arm, hand and shoulder pain, painful movement of their shoulder with any movement of their right arm aggravating the shoulder, difficulty sleeping on their right side, left lower back and leg pain and soreness/tightness in their left calf. The physiotherapist found reduced active and passive range of motion in the worker's right shoulder, left lower back and right arm and diagnosed the worker with myofascial pain, left sacroiliac joint sprain grade 1, right shoulder sprain and right distal radioulnar joint sprain and queried if the worker had a labral injury. It was recommended that the worker remain off work until December 20, 2021 as their current level of functioning did not support a return to work.

The WCB spoke with the worker on December 20, 2021 to discuss their claim. The worker confirmed the mechanism of injury and advised they were having difficulties with their right shoulder, upper right side of their back, right wrist, lower back and left thigh near the hip. The worker said they continued to work the day of the incident but woke up during the night due to pain and stiffness in their back and right shoulder. The worker also advised they went for physiotherapy but did not seek further medical treatment. On the same date, the WCB spoke with the employer who confirmed the worker advised them of the incident on December 7, 2021. The employer further advised that they had spoken with the worker regarding a return to work, with the worker advising that they had medical appointments and could not return. The WCB advised the employer that the latest medical for the worker indicated they could return on December 20, 2021 on desk duties, which the employer confirmed was the worker's normal job duties. Also on December 20, 2021, the WCB spoke with a coworker who advised they did not witness the incident but heard a thud when the worker stepped down from a vehicle and asked the worker if they were okay. The coworker advised the WCB they did not notice the worker having any difficulties. The WCB contacted the worker again on December 20, 2021 to advise their claim was accepted. The worker also returned to work on December 20, 2021.

The worker continued with physiotherapy treatment and by March 14, 2022, were discharged from treatment and as they were no longer missing time from work, the WCB closed the worker's file.

On July 16, 2024, the worker contacted the WCB to advise they had continued to experience difficulties as a result of the December 6, 2021 workplace accident. They noted their symptoms had not gotten worse, but the back pain and stiffness occurred after they performed physical work and had not gotten better. In a discussion with the WCB on July 18, 2024, the worker advised they had not recovered from the workplace accident and the same symptoms since 2022, with the discomfort always present. The worker also advised they had not sustained another injury at work or at home since that time and had also not sought medical treatment as the WCB was no longer providing coverage for same. The worker further advised they had ended their employment with the employer and had been self-employed since 2021. On July 29, 2024, the WCB advised the worker that they were not entitled to further benefits. The WCB noted that the discharge report from the worker's treating physiotherapist on March 15, 2022 indicated that the worker had no complaints, was doing very well and was not experiencing any back, shoulder, arm or wrist pain and had full resolution of symptoms. In addition, it was noted the worker had not sought medical treatment since that time and as such, a relationship between the workplace accident and the worker's current difficulties could not be established.

The worker requested reconsideration of the WCB's decision to the Review Office on December 12, 2024. In their submission, the worker noted their belief the WCB ended their entitlement to physiotherapy too soon and as a result, their symptoms did not improve and continued. The worker further noted their ongoing difficulties had affected their quality of life and requested that their claim be reopened. On February 15, 2025, the Review Office determined the worker was not entitled to further benefits. The Review Office found the worker was discharged from treatment in March 2022 and their WCB claim file was closed, after which, the worker did not report any symptoms or seek medical treatment until contacting the WCB in July 2024. The Review Office further found the lack of reporting made it difficult to establish a relationship between the December 6, 2021 workplace accident and the worker's current difficulties and therefore, the worker was not entitled to further benefits.

The worker filed an appeal with the Appeal Commission on September 11, 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”), 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 as a result of an accident at work. 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.”

Worker’s Position

The worker appeared in the hearing on their own behalf and outlined their position that they continued to experience symptoms and required further medical attention in relation to the injury sustained in the workplace accident of December 6, 2021. The worker submitted that they continued to experience a loss of earning capacity and to require medical aid beyond the date their benefits were terminated.

The worker gave evidence that they went to physiotherapy and their other injuries healed but their back continued to bother them. The worker voiced that they were concerned that if they went to a physician of their choosing that the WCB would not accept that opinion since the WCB had not signed off on that physician. The worker stated that they stopped attending physiotherapy as the WCB would no longer fund the treatment. The worker noted that the physiotherapist did provide them with a home program and stated that they were told to continue with their stretches for 3 to 6 months and they would improve.

The worker stated that they are seeking further benefits.

Employer’s Position

The employer did not participate in the appeal.

Analysis

The issue on appeal is the worker’s entitlement to further benefits in relation to the December 6, 2021 accident. For the appeal to succeed, the panel would have to find that the worker had a loss of earning capacity or required medical aid as a result of injuries sustained in the accident of December 6, 2021. For the reasons outlined below, the panel was not able to make such a finding and therefore the worker’s appeal is denied.

In deciding the issue at hand, the panel must determine whether it is more likely than not that the worker’s current difficulties are causally related to the compensable workplace injury.

The panel acknowledges that the worker sustained an injury on December 6, 2021 arising out of and in the course of their employment. The claim was accepted by the WCB, and contemporaneous medical evidence supports that the worker experienced multiple soft tissue injuries, including to the right shoulder, right wrist, and lower back. The initial physiotherapy assessment on December 9, 2021 documented reduced range of motion and diagnosed sprain-type injuries, which are consistent with the reported mechanism of injury.

The evidence further establishes that the worker received physiotherapy treatment and returned to work on December 20, 2021. The worker continued with treatment until March 2022, at which time they were discharged from physiotherapy. The panel places significant weight on the discharge report, which indicated the worker was doing very well, had no ongoing complaints, and had achieved full resolution of symptoms. There is no indication in the contemporaneous medical reporting that the worker continued to experience functional limitations or required further treatment at that time.

Following the closure of the claim in March 2022, there is a significant gap in the evidentiary record. The worker did not seek further medical attention, report ongoing symptoms to the WCB, or otherwise pursue treatment for over two years, until July 2024. While the worker has indicated that symptoms persisted during this period, the absence of contemporaneous medical evidence or reporting reduces the weight that can be placed on this assertion. The panel finds that, on a balance of probabilities, if the worker had been experiencing ongoing, functionally limiting symptoms related to the compensable injury, it is reasonable to expect that they would have sought medical attention or reported those difficulties within a more proximate timeframe.

The panel has also considered the worker’s submission that physiotherapy benefits were ended prematurely, resulting in incomplete recovery. However, this position is not supported by the medical evidence on file. The discharge from physiotherapy in March 2022 was based on clinical findings of full resolution, and there is no medical opinion contemporaneous to that period suggesting that further treatment was required or that recovery was incomplete.

In addition, the panel notes that the worker advised they have not sustained any further injuries since the workplace accident. While this supports the absence of an alternative cause, it does not, in itself, establish a causal connection between the current reported symptoms and the 2021 injury, particularly in light of the reported full recovery and the lengthy period without complaint or treatment.

Given the totality of the evidence, including the documented recovery by March 2022, the lack of ongoing medical reporting or treatment for over two years, and the absence of medical evidence establishing a current diagnosis causally related to the workplace accident, the panel is unable to find, on a balance of probabilities, that the worker’s current difficulties are related to the December 6, 2021 compensable injury.

Accordingly, the panel finds that the worker is not entitled to further benefits. The worker’s appeal is denied.

Panel Members

R. Lemieux Howard, Presiding Officer
J. Peterson, Commissioner
M. Kernaghan, Commissioner

Recording Secretary, J. Lee

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

Signed at Winnipeg this 16th day of April, 2026