Appeal victories
- Appeals Commission Overturns WCB Denial in Plantar Fasciitis Case
- Appeals Commission Overturns WCB Reduction of Benefits at Age 65
- Appeals Commission Reverses WCB Denial of Permanent Disability Benefits
- Appeals Commission Accepts PTSD-Related Hernia as Compensable Injury
- Appeals Commission Confirms Recurrence of PTSD as Compensable
- DRDRB Reverses WCB Decision, Restores Full ELP Benefits Beyond Age 65
- Employer’s Challenge Denied – DRDRB Upholds Acceptance of Low Back Injury Claim
- TTD Benefits Reinstated After Psychological Claim Review
- Summary
Appeals Commission Overturns WCB Reduction of Benefits at Age 65
Our client, a dedicated owner-operator in the transportation industry, sustained a workplace injury in 2012 that initially resolved. Years later, he experienced serious medical complications, including a failed surgical implant and sepsis, which ultimately led to a below-the-knee amputation. Despite this, he maintained business assets and took out a long-term mortgage, clearly demonstrating his intent to continue working well past retirement age.
The WCB reduced his Economic Loss Payment (ELP) at age 65, arguing insufficient proof of intent to work beyond that age. We appealed the decision, presenting both direct and circumstantial evidence, including the mortgage, retention of work assets, and an independent medical report acknowledging the amputation as a new injury.
The Appeals Commission agreed, finding that the client’s retirement was medically forced—not voluntary—and that the evidence demonstrated a clear plan to continue working. His full wage-loss benefits were reinstated beyond age 65 until age 83!
This case underscores the importance of evaluating intent, evidence, and life trajectory—not just chronological age—when determining ELP entitlements.