Document Details

In 2007, a part time home support worker sustained a back injury and filed a claim for compensation with the worker's compensation board. In 2008 a board case manager determined that the worker's entitlement to temporary disability (wage loss) benefits and health care benefits had concluded and this decision was confirmed by a review officer. The worker has appealed the Review Division decision to the Workers’ Compensation Appeal Tribunal (WCAT).

The worker’s appeal is allowed. I find that the worker is entitled to partial temporary disability benefits pursuant to section 30 of the Act from March 21, 2008 until such time as her compensable condition stabilized or she had returned to her pre‑injury state. The worker is also entitled to necessary health care benefits for the duration of this additional period of temporary partial disability and, if she has sustained a compensable permanent partial disability, on an ongoing basis. The file is referred back to the Board for determination of the extent of the worker’s entitlement to benefits in these regards, and the Review Division’s decision is varied accordingly.