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 benefits after April 20, 2022. A videoconference hearing was held on March 23, 2026 to consider the worker's appeal.

Issue

Whether or not the worker is entitled to benefits after April 20, 2022.

Decision

The worker is not entitled to benefits after April 20, 2022.

Background

The worker filed a WCB claim on April 23, 2024, reporting they injured their left rotator cuff at work on January 20, 2022. The worker described driving over a frozen area when the right side of the vehicle flew up then back down again, and they experienced severe pain in their left shoulder. The worker noted they did not report the injury at the time as they did not think it was serious. On their report to the WCB, the worker noted they had undergone an MRI study that found severe torn ligaments on their left rotator cuff and they had started physiotherapy on April 16, 2024.

Also submitted was an April 3, 2024 report from the worker’s treating orthopedic surgeon which indicated the worker’s diagnosis was left shoulder rotator cuff arthropathy with pseudoparalysis and an underlying deltoid rupture. The surgeon recorded the worker’s reporting of injuring their shoulder 2 years previously on January 19, 2022, after a slip and fall off a truck and pulling their shoulder. The report also described the worker’s current complaints of pain and crepitus in their left shoulder and inability to actively elevate, requiring the use of their right arm to lift their left arm away from their body. It was also noted the worker had 2 previous pain injections with no noted improvement. On examining the worker, the surgeon found “Asymmetric shoulder contour with anterior fullness left shoulder, Palpable gap to central deltoid insertion off acromion anteriorly. Pseudo paralytic shoulder pattern with inability initiate active elevation/shoulder shrug only. Passively able to elevate above shoulder level.” Positive rotator cuff tear testing was also found. The treating surgeon also noted the diagnostic imaging indicated degenerative changes to the acromiohumeral and glenohumeral joints, with an MRI finding a “Massive rotator cuff tear with significant atrophy and fatty infiltration. Medial dislocation of biceps tendon. High-grade tearing of central deltoid insertion. Arthritic changes glenohumeral joint keeping with rotator cuff tear arthropathy.” It was recommended the worker try physiotherapy first to help with strength and function prior to surgery, as the surgeon noted the recommended surgery, a reverse shoulder arthroplasty, could result in reduced function due to the deltoid tear.

An April 16, 2024 initial physiotherapy assessment was also provided with the worker’s report. The assessment recorded the worker’s report of being on a job site on January 20, 2022, driving a vehicle, when an impact from the vehicle driving over a frozen object, jolted the worker forward while they were gripping the steering wheel, then forced them back into the seat. The worker reported experiencing immediate pain to their left shoulder and into their fingertips. It was noted the worker continued to work, despite the pain for the rest of the 2022 season and into 2023. The worker reported having left shoulder pain during that time but managed the pain by compensating with their right arm and they sought treatment at this time as they were unable to work anymore due to pain and weakness. The worker’s complaints included constant left shoulder pain with reduced strength and range of motion and inability to use their left shoulder with any outer range positions. The treating physiotherapist examined the worker and found reduced range of motion and positive rotator cuff tear testing. A diagnosis of left rotator cuff tears, left deltoid muscle tear, severe osteoarthritis changes in the left glenohumeral joint was provided. Ongoing treatment for strengthening was recommended.

On May 8, 2024, the WCB spoke with the worker to gather further information on their claim. The worker confirmed the incident occurred as they reported it on their incident report and occurred on January 20, 2022, when they reported it to their supervisor. The worker advised they did not have any prior issues with their left shoulder and that they did not seek medical treatment right after the incident. The worker noted they were laid off from their employment at the end of January 2022, when the symptoms in their shoulder were minimal but when they returned to work in the spring of that year, their symptoms worsened. The worker further provided the WCB with information on the medical treatment they sought, including 2 pain medication injections, x-rays and an MRI study on August 25, 2023. The worker advised their treating orthopedic surgeon had referred them for a CT scan and advised they would require surgery on their shoulder. The worker further advised the WCB they continued to work as they were nearing retirement age but may not be able to return to work this year due to their symptoms. In a further conversation with the worker on May 14, 2024, the WCB advised that as the employer confirmed an incident occurred, it was likely the WCB would accept the worker's claim for an incident occurring but would not provide entitlement to benefits.

The WCB requested and received a narrative report from the worker's treating physician on June 21, 2024. The report listed the worker's attendance from September 19, 2022 to June 20, 2024 and noted the worker attended due to pain in their bilateral shoulders. The physician recorded the worker's reporting of severely jarring their left shoulder at work while driving a vehicle and indicated the worker was initially treated conservatively with over-the-counter anti-inflammatory medication then pain injections, as it was believed the worker's symptoms were osteoarthritic. The treating physician noted the August 25, 2023 MRI study indicated the worker had a full-thickness tear of the full width of the supraspinatus and a near full width tear of the infraspinatus tendon, along with a full-thickness tear of the subscapularis tendon. The physician provided this represented "…a massive rotator cuff tear with severe muscular atrophy and rotator cuff arthropathy" and noted the treating orthopedic surgeon developed a treatment plan for the worker involving attending physiotherapy regularly to improve strength. The physician also noted their belief the worker injured their shoulder while working.

The worker’s file, including the narrative report from the physician, was reviewed by a WCB medical advisor on July 18, 2024. The advisor provided the first medical reporting on the worker’s file was a September 19, 2022 report from their physician indicating the worker was being treated for bilateral shoulder issues in relation to osteoarthritis, which was a degenerative condition that results in worsening symptoms and limits to functioning. It was noted that an August 23, 2023 MRI study found left rotator cuff tearing which was chronic and the worker’s treating orthopedic surgeon recommended surgery to repair. The WCB medical advisor opined that due to lack of medical information in close proximity to the January 20, 2022 workplace incident, the September 19, 2022 report from the treating physician relating the worker’s shoulder symptoms to a degenerative condition and the lack of reporting of immediate significant impairment in range of motion and functioning in their left shoulder as would be expected from an acute massive rotator cuff tear shortly after the workplace incident, a connection to the worker’s current difficulties and the workplace accident could not be established. On July 18, 2024, the WCB provided the worker with a decision advising their claim was accepted for a left shoulder injury that occurred on January 20, 2022; however, they were not entitled to benefits as it had been determined their current shoulder difficulties were related to degenerative changes.

On August 5, 2025, the worker submitted a July 31, 2025 opinion from their treating orthopedic surgeon advising the worker did not have any left shoulder symptoms prior to 2022 and that the majority of the tear in the worker’s left shoulder was related to the workplace incident as the loss of range of motion and functioning all resulted from the incident. The worker requested reconsideration of the WCB’s decision they were not entitled to benefits to Review Office based on the opinion provided by the treating surgeon and that they did not have the knowledge or understanding at the time of the incident of the impact it would have on their health. On August 13, 2025, Review Office returned the worker’s file to the WCB’s Compensation Services for further investigation.

The WCB requested further information from the employer and on September 5, 2025, the employer provided the WCB with the dates the worker worked from 2022 to 2023 and provided a description of the worker’s job duties. As well, the employer confirmed the worker did not report any difficulties with their left shoulder either before January 2022 or after that time. The WCB also requested and received chart notes from the worker’s treating physician from October 13, 2022 to June 19, 2025. The WCB spoke again with the worker on September 22, 2025 to clarify some information. The WCB noted the worker’s physician had made reference to the worker injuring themselves when they slipped and fell off a vehicle, with the worker confirming the mechanism of injury as previously described, noting the physician may not have understood their description of the event. The WCB also received a copy of the chart notes for the worker’s appointment on September 19, 2022 which noted the worker’s reporting of bilateral shoulder pain, with aches that worsened over time. X-rays were recommended to assess the worker for degenerative changes. On October 6, 2025, the WCB provided a letter to the worker advising again their claim for a left shoulder injury that occurred on January 20, 2022 was acceptable, but as a connection could not be established between their current left shoulder difficulties and the accident on January 20, 2022, they were not entitled to benefits.

The worker again requested reconsideration of the WCB’s decision to Review Office on October 15, 2025. The worker noted they delayed in seeking medical treatment for the injury to their left shoulder due to needing to work and as well, not understanding the impact the injury would have on their functional abilities. The employer provided a submission in support of the WCB’s decision on November 25, 2025, a copy of which was provided to the worker. On December 11, 2025, Review Office determined the worker was entitled to benefits to April 20, 2022. Review Office accepted the worker sustained an injury to their left shoulder on January 20, 2022, likely a sprain/strain type of injury, which injury would have recovered within a short time, determined to be 3 months. As such, Review Office found the worker was entitled to benefits until April 20, 2022.

The worker’s representative filed an appeal with the Appeal Commission on January 14, 2026 and a hearing was arranged.

Reasons

Applicable Legislation and Policy

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

Section 4(1) of the Act provides for compensation to be paid by the WCB where a worker has sustained personal injury by accident arising out of and in the course of employment. Accident is defined in s 1(1) of the Act as a chance event occasioned by a physical or natural cause, a wilful and intentional act that is not the act of the worker, or an event or condition, or a combination of events or conditions, related to the worker's work or workplace, that results in personal injury to a worker.

Section 4(2) outlines that wage loss benefits are payable to an injured worker for the loss of earning capacity resulting from the accident:

Payment of wage loss benefits

4(2) Where a worker is injured in an accident, wage loss benefits are payable for his or her loss of earning capacity resulting from the accident on any working day after the day of 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.

Section 37 of the Act sets out the compensation payable to the worker following a workplace accident:

Compensation payable 

37 Where, as a result of an accident, a worker sustains a loss of earning capacity or an impairment, or requires medical aid, the following compensation is payable: 

(a) medical aid, as provided in section 27; 

(b) an impairment award, as provided in section 38; and 

(c) wage loss benefits for any loss of earning capacity, calculated in accordance with section 39.

Section 39(2) of the Act provides for wage loss benefits to be payable until either the loss of earning capacity ends, as determined by the board, or until the worker attains the age of 65 years.

Section 27(1) of the Act provides that the WCB may provide the worker with any medical aid the board considers necessary or advisable to cure or give relief to the worker or for the rehabilitation of the worker.

WCB Policy 22.00 entitled “Decision Making” sets out the procedures that WCB decision makers must follow when making decisions under the Act and the key legal principles and concepts that must be applied when making decisions under the Act. Pursuant to this policy, in workers compensation, the standard of proof is “balance of probabilities”. Further, decision-makers must assess each piece of evidence to “determine its relevance, credibility and reliability”.

The WCB established WCB Policy 44.10.20.10, Pre-existing Conditions (the "Pre-existing Policy") to address eligibility for compensation where a worker has a pre-existing condition. The Pre-existing Policy defines a pre-existing condition as any medical condition the worker had prior to their workplace injury.

Worker’s Position

The worker was represented at the hearing by their treating physiotherapist. The worker’s representative provided documents in support of their position prior to the hearing and made an oral presentation to the panel at the hearing. The worker provided testimony in the hearing through answers to questions posed by members of the appeal panel.

The worker’s position is that the WCB prematurely ended their entitlement to benefits without fully appreciating that they had not recovered from their workplace injury as of April 20, 2022.

The worker submits that they are entitled to benefits beyond April 20, 2022, as their ongoing left shoulder difficulties are directly related to the compensable workplace accident. They maintain that the workplace accident occurred and notes that it was witnessed by two coworkers.

According to the worker, the impact from the workplace incident directly caused their left rotator cuff injury. Although they did not immediately seek medical treatment, they explain that they believed the injury would improve on its own and did not appreciate the seriousness of the condition at the time. The worker argues that any delay in reporting or treatment should not undermine the validity of their claim given the circumstances and their continued attempts to work through the pain.

The worker disputes the conclusion that their shoulder difficulties are primarily attributable to pre-existing or degenerative conditions. They specifically deny that the rotator cuff tears identified on imaging were degenerative in nature and argues that the MRI findings are of limited value because the imaging was performed approximately 19 months after the accident, by which time signs of an acute tear would reasonably have dissipated. In support of their position, the worker relies on a medical note dated July 28, 2025 from their orthopedic physician wherein the physician states that the majority of the tears are presumably from the workplace injury. The worker further submits that any degenerative findings in their shoulder are better explained as a rapid progression resulting from the workplace injury itself, particularly in light of their age and the fact that they continued working after the accident despite ongoing symptoms.

It is the worker’s position that they remain entitled to benefits after April 20, 2022 as they had not fully recovered from the workplace injury at that time.

Employer’s Position

The employer was represented by two of its agents. One of the employer’s agents made an oral presentation to the panel at the hearing. The employer also provided answers to questions posed by members of the appeal panel.

The employer submits that the evidence does not support a finding that the worker’s ongoing shoulder difficulties are related to a workplace accident or that they are entitled to beyond April 20, 2022. The employer notes that, prior to April 2024, the worker did not report a workplace injury to their treating medical professionals and there is no contemporaneous medical evidence linking their shoulder condition to a workplace incident. The employer further argues that the worker also failed to report any workplace injury to management during that period. As a result, the employer was deprived of the opportunity to investigate the alleged accident when it was said to have occurred, provide workplace accommodations, or assist in the worker’s recovery and return to work process.

The employer also questions the reliability of some of the evidence relied upon by the worker. The employer further argues that the employer representative who completed the WCB workplace injury report approximately two years after the alleged incident had no direct knowledge of the accident itself, was not present at the time, and simply relied on information provided by the worker. Accordingly, the employer submits that the delayed reporting and lack of contemporaneous evidence undermine the worker’s claim that their ongoing shoulder condition arose out of and in the course of their employment.

Analysis

This panel must determine whether the worker is entitled to wage loss benefits after April 20, 2022 in relation to the January 20, 2022 accident. For the worker’s appeal to succeed, the panel would have to determine that the worker was not recovered from the effects of the workplace accident by April 20, 2022 and the worker’s continuing loss of earning capacity and need for medical treatment beyond April 20, 2022 is the result of the compensable injury sustained.

As outlined in the reasons that follow, the panel was unable to make such findings and therefore the worker’s appeal is not granted.

The evidence does not establish, on a balance of probabilities, that the worker continued to suffer a loss of earning capacity or require medical treatment beyond April 20, 2022 as a result of the compensable injury.

A significant concern for the panel is the absence of contemporaneous medical evidence connecting the worker’s left shoulder condition to the workplace accident. In particular, the September 19, 2022 chart notes do not reference a workplace injury, nor a workplace accident, despite documenting the worker’s shoulder complaints. The medical evidence during this period instead reflects treatment directed toward osteoarthritis and degenerative shoulder concerns. It was not until April 16, 2024, after the worker attended physiotherapy, that the worker began specifically attributing their shoulder condition to the workplace incident. The worker in fact acknowledges that prior to April 16, 2024 they did not realize that their shoulder pain was as a result of the workplace accident. The approximately 27-month delay in consistently connecting the shoulder condition to the alleged workplace injury significantly weakens the evidentiary link between the accident and the worker’s ongoing symptoms.

The panel places weight on the lack of medical evidence demonstrating that the worker’s rotator cuff pathology was causally related to the workplace incident or that the worker had not recovered from the compensable injury by April 20, 2022. There was no medical assessment, imaging, or other contemporaneous documentation obtained at or near the time of the accident that would allow for a reliable comparison with later diagnostic imaging. As a result, it is not possible to determine whether the findings identified on later MRI imaging represented acute traumatic changes arising from the workplace accident or whether they reflected pre-existing and progressive degenerative conditions.

The MRI evidence further complicates the worker’s position. The imaging identified multiple forms of tearing involving the shoulder, including five different types of tears or abnormalities. In the absence of contemporaneous diagnostic evidence, the panel is unable to determine which, if any, of these findings were attributable to the workplace incident as opposed to degenerative change or other non-compensable factors. The panel also notes that the original medical evidence on file indicates that tears of this nature typically develop gradually over a lengthy period of time, often over the course of years, which is more consistent with a degenerative process than with a single workplace event.

The panel further notes that the worker did not complete or sign an injury report at the time of the workplace accident and did not formally report the injury for a considerable period thereafter, (although the panel does acknowledge that the worker told their supervisor of the accident the day that it occurred). This delay deprived the employer and the WCB of the opportunity to investigate the claim contemporaneously, assess the worker’s condition at the relevant time, or implement accommodations or treatment interventions that may have mitigated the worker’s symptoms. Given the lengthy delay in reporting and the absence of contemporaneous evidence linking the shoulder pathology to the workplace accident, the panel is unable to conclude that the worker’s ongoing shoulder injuries beyond April 20, 2022 were causally related to the compensable injury.

The panel therefore determines, on the balance of probabilities, that the worker is not entitled to benefits after April 20, 2022.

Panel Members

N. Brown, Presiding Officer
J. Peterson, Commissioner
M. Kernaghan, Commissioner

Recording Secretary, J. Lee

N. Brown - Presiding Officer
(on behalf of the panel)

Signed at Winnipeg this 21st day of May, 2026