An Alberta employer successfully appealed a Workers’ Compensation Board (WCB) decision granting temporary total disability (TTD) benefits to a worker who suffered a minor finger injury, with the Appeals Commission concluding the medical evidence did not support the worker’s claim for wage-loss compensation.
The Appeals Commission ruling reverses an earlier decision by the Dispute Resolution and Decision Review Body (DRDRB), which initially supported WCB’s determination that the worker was entitled to TTD benefits from Oct. 24 to Dec. 8, 2022.
Background of the injury
The case involved an employee who injured his left middle finger on Oct. 22, 2022, while disposing of a metal document hanger at work. Although initially treated with a Band-Aid at an on-site health centre and briefly restricted in duties, the worker was cleared to resume regular duties the following day. However, the WCB approved wage-loss benefits covering the period from Oct. 24 through Dec. 8, despite the employer’s objections.
Employer’s position
The employer argued that the injury was minor, did not result in significant medical restrictions, and claimed the worker appeared motivated by dissatisfaction over employment conditions rather than genuine medical necessity. Specifically, the employer highlighted a gap in medical treatment between Oct. 24 and Nov. 10, 2022, arguing this undermined claims of ongoing disability. The employer further cited a conversation on Nov. 2, 2022, during which the worker allegedly threatened to file a WCB claim unless transferred to a different worksite.
Appeals commission findings
The Appeals Commission found the weight of medical evidence did not support that the worker’s finger injury resulted in work restrictions preventing the resumption of pre-accident or suitable employment. The panel emphasized that the worker had been cleared to return to full duties shortly after the accident and had signed off on the assessment indicating his agreement.
The commission noted the worker only visited a physician once on Nov. 10, 2022. Although symptoms like numbness and pain were reported, the physician found no objective evidence supporting restrictions. Moreover, physiotherapy reports from mid-November onwards indicated limited restrictions—primarily involving lifting, climbing, and pushing—but confirmed the worker’s ability to perform suitable employment.
Additionally, the panel observed that the worker had left Canada for a month-long trip during the claimed disability period and, upon return, agreed with the WCB that he was fit to return to pre-accident duties without additional medical evaluations.
Cost relief for employer denied
In a secondary issue, the Appeals Commission denied the employer’s request for cost relief, rejecting claims that the worker’s behaviour amounted to an “error in judgement” prolonging his recovery.
The employer had argued two alleged errors by the worker: inappropriate behaviour toward HR personnel and a delay in seeking medical attention. The panel, however, found no evidence indicating these actions delayed recovery or warranted cost relief. It emphasized that no medical evidence supported claims that the worker’s behaviour contributed to a prolonged recovery.
The Appeals Commission highlighted that while the employer cited Alberta Disability Duration Guidelines suggesting a two-week recovery window for similar injuries, the commission found no supporting medical opinions to substantiate that the worker’s recovery was unreasonably extended.
Ultimately, the Appeals Commission overturned the DRDRB’s decision on TTD benefits, concluding the worker was not entitled to them for the claimed period. Conversely, it upheld the DRDRB’s ruling denying the employer’s claim for cost relief based on alleged worker error.
For more information, see Decision No.: 2025-0082, 2025 CanLII 18200 (AB WCAC).
