FAQ's Cases - Stewart McKelvey

eyond his restrictions. This was the testimony of the applicant, Ms. Roehl and Mr.Zbaraschuk. In other words it was not disputed that the applicant was claiming that hewas obliged to work beyond his restrictions shortly after the period in question.[58] In making this credibility assessment I have also relied on the fact that thequestion of whether the applicant had to carry out work beyond his restrictions in Apriland May 2007 was very much an issue that was considered by the applicant’s WSIBcase manager, as documented in her case notes. The case manager makes thefollowing notes after a conversation with Ms. Roehl on June 12:2012 HRTO 1455 (CanLII)IW [Injured Worker] informed her [Ms. Roehl] that he didn’t feel that workhe was doing previously was suitable–he had medical restrictions that he could not go into freezer and couldn’tdo the shrink wrapping job but was asked to do this–she asked his supervisor about this who denied that he was being askedto do this; he was only responsible for light order picking[59] On June 14 the WSIB case manager has a conversation with the applicant andmakes the following notes:With regard to the modified duties IW was doing until he stopped workingit consisted of the following:-Ist 3 hrs was required to pick orders in the fridge/freezer-lifting restriction was to 10 kilos-did not exceed thisWhen getting product he’s required to bend and forward reach-thisaggravates his backHe would also do some forklift driving and when driving backwards thetwisting of his back would increase soreness-he was required to shrink wrap which involved pulling a roll of wraparound the skid manually –this increased his back pain18