A recent Tribunal decision reflects the importance of submitting an Independent Medical opinion when an appeal is taken to Workplace Safety and Insurance Appeals Tribunal.
In WSIAT decision 1293/13 a worker suffered a knee injury, to the same knee, in March and May of 2008. Prior to this, the worker had surgery to the same knee 14 years earlier. When the case was reviewed by the Nurse Case Manager, she recommended the claim be reviewed for cost relief as she found evidence that the worker had ruptured a Baker’s Cyst in the May incident and that the March 2008 injury occurred because of the cyst.
The case was referred to the WSIB Medical Consultant. In his submission he erred and noted only the May 2008