Spence v. Northern Health Authority, WCAT-2013-03578

After injuring her back while working as a nursing assistant, our client made a successful claim for WorkSafeBC benefits. A number of months later, a decision to terminate those benefits was made on the basis that our client was fit to return to work. When a request for a review of that decision was unsuccessful, our client appealed to the Workers’ Compensation Appeal Tribunal (WCAT). After a hearing and very thorough review of the available medical evidence, WCAT allowed our client’s appeal, finding that she had sustained a “compensable aggravation “ of a pre-existing medical condition as a result of her workplace injury and that she had, in fact, remained temporarily disabled after the date that her benefits were terminated. The WCAT panel was particularly persuaded by the evidence and opinion provided by our client’s treating orthopaedic specialist, due to his expertise and his understanding of both her pre-existing condition and the workplace injury.

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