Success Stories
Our consultants take pride in helping injured workers secure the compensation and support appropriate to their circumstances. Below are just a few examples of our success stories, demonstrating our commitment and expertise in navigating the workers’ compensation system:
Backdated Compensation for a Heavy Equipment Operator:
A 52-year-old injured worker with degenerative disc disease was denied compensation ten years ago. The Board did not accept the relationship between his many years spent operating heavy equipment and the early onset of spinal stenosis.
Blue Collar Consulting successfully established a cause-effect relationship between his job and the disability. As a result, the worker was awarded 10 years of retroactive wages, full reinstatement of wage-loss benefits, housekeeping and house maintenance allowance, and other benefits.
Presumptive Coverage for a First Responder with PTSD:
A 40-year-old first responder was denied compensation for PTSD. The Board decided that nearly two decades of daily exposure to life-and-death trauma did not contribute to the worker’s mental breakdown and substance abuse. Blue Collar Consulting argued for coverage on the basis of Presumptive Coverage, securing wage-loss and medical benefits for the police officer so he could focus on recovery instead of fighting WCB.
Corrected Wage-Loss Benefits for an Underpaid Worker:
A 62-year-old worker had been receiving wage-loss benefits of $2,500 per month since 2015 but was sure he was entitled to more. Blue Collar Consulting reviewed his tax returns and determined that he was being shorted by hundreds of dollars per month. The worker received a cheque for $47,000 in underpayment, as well as adjusted wage-loss benefits moving forward.
Fair Compensation for an Injured Apprentice:
A fourth-year apprentice had his career path ruined by a work accident. WCB wanted to base his compensation on an apprentice’s earnings instead of a fully-ticketed electrician. Blue Collar Consulting argued that this was an unfair representation of earning power and pushed for an upward revision of the compensation rate. The appeal was successful, and the apprentice received benefits in line with those provided to a fully-fledged tradesman.
Reinstated Benefits for an Elderly Worker with an Unsuitable Job Offer:
A 73-year-old hotshot driver was told he could work a dispatching job located 100 km from his residence on 10-day rotations, 12 hours/day, while being on call. Blue Collar Consulting argued that an elderly worker with profound disability couldn’t be expected to commute 2 hours a day on top of a 12-hour shift for ten days in a row. The result: the dispatching job was deemed unsuitable by the DRDRB, and this gentleman’s benefits were hence reinstated.
Our client, a health care worker with no prior history of foot issues or contributing risk factors, developed a debilitating case of plantar fasciitis shortly after an extended shift on unforgiving flooring. Despite the absence of known predisposing factors and a clear timeline linking the injury to her work duties, the Workers’ Compensation Board (WCB) denied the claim.
We appealed the decision to the Appeals Commission, arguing that the sudden onset of symptoms, absence of alternative explanations, and medical evidence all supported a finding of work-related causation. The Commission agreed, finding that the client’s plantar fasciitis arose out of and occurred in the course of her employment. The claim was directed back to the WCB for full adjudication and entitlement.
This decision reinforces the importance of medical context and factual consistency in cases involving conditions with both occupational and non-occupational origins.
This decision reinforces the importance of medical context and factual consistency in cases involving conditions with both occupational and non-occupational origins.
Our client, a dedicated owner-operator in the transportation industry, sustained a workplace injury in 2012 that initially resolved. Years later, he experienced serious medical complications, including a failed surgical implant and sepsis, which ultimately led to a below-the-knee amputation. Despite this, he maintained business assets and took out a long-term mortgage, clearly demonstrating his intent to continue working well past retirement age.
The WCB reduced his Economic Loss Payment (ELP) at age 65, arguing insufficient proof of intent to work beyond that age. We appealed the decision, presenting both direct and circumstantial evidence, including the mortgage, retention of work assets, and an independent medical report acknowledging the amputation as a new injury.
The Appeals Commission agreed, finding that the client’s retirement was medically forced—not voluntary—and that the evidence demonstrated a clear plan to continue working. His full wage-loss benefits were reinstated beyond age 65 until age 83!
This case underscores the importance of evaluating intent, evidence, and life trajectory—not just chronological age—when determining ELP entitlements.
Our client, a long-serving municipal employee, was denied ongoing permanent disability benefits by WCB despite clear and ongoing medical limitations. We appealed the decision, arguing that the medical evidence supported a continuing impairment and that WCB failed to fully assess the functional impact of the client’s condition on his ability to perform suitable work.
The Appeals Commission agreed, overturning WCB’s denial and confirming the worker’s entitlement to ongoing benefits. This outcome reflects the importance of a thorough, evidence-based evaluation of a worker’s medical and occupational limitations, rather than relying on assumptions or partial assessments.
This decision (No. 2024-0007) highlights how appeals can correct unjust denials and ensure injured workers receive the full benefits to which they are entitled.
In a significant ruling, the Appeals Commission found that our client’s right inguinal hernia was causally related to his compensable post-traumatic stress disorder (PTSD) and therefore falls under the Workers’ Compensation Board’s responsibility.
WCB had previously denied the hernia claim, asserting it was caused by a congenital defect. We appealed the denial, presenting evidence that the client experienced intense, recurring vomiting as a direct symptom of his PTSD—a condition already accepted as work-related. His surgeon confirmed that such vomiting can significantly raise intra-abdominal pressure, creating the conditions for a hernia to develop. The panel gave greater weight to the surgeon’s opinion over that of the WCB’s medical consultant, who had not examined the worker.
The Commission concluded that the vomiting—not a congenital defect—was the effective cause of the hernia, and allowed the appeal. This decision (No. 2024-0242, 2024 CanLII 47702 (AB WCAC)) confirms that secondary conditions arising from accepted compensable injuries are themselves compensable, even when the link is physiological and indirect.
Our client, a former paramedic with a compensable diagnosis of post-traumatic stress disorder (PTSD), experienced a relapse of psychological symptoms during pregnancy and following her child’s premature birth. Despite strong medical opinions linking the recurrence to her original work-related trauma, the WCB denied responsibility, attributing the relapse to unrelated personal circumstances.
We appealed the denial, submitting evidence from the client’s treating psychologist and psychiatrist, both of whom confirmed the relapse was a direct reactivation of her previously stabilized, compensable PTSD. The Appeals Commission agreed, finding that the client’s symptoms met all criteria under WCB Policy 04-03 for a recurrence: same medical condition, prior resolution, no intervening cause, and direct linkage to the original workplace trauma.
This decision (No. 2024-0330) underscores the importance of distinguishing between triggering events and causative events in psychological injury cases. The Commission determined that the pregnancy and NICU experience were not independently capable of causing PTSD and that the original compensable incidents remained the dominant cause.
DRDRB Reverses WCB Decision, Restores Full ELP Benefits Beyond Age 65 – Review No. 80617, Decision Date: October 24, 2024
In a recent success, our client—an injured worker with permanent restrictions and a confirmed zero-based Economic Loss Payment (ELP)—had his full ELP reinstated past age 65 after it was initially cut off by the WCB.
The WCB had previously extended his full ELP in both 2021 and 2022 based on pre-accident mortgage debt with a fixed amortization extending to 2027. However, the Board reversed course in 2023, claiming the worker had not sufficiently demonstrated an ongoing need or intent to work beyond the normal retirement age.
We appealed this decision to the Dispute Resolution and Decision Review Body (DRDRB), arguing that the worker’s financial circumstances had not changed and that his continued mortgage obligations, limited earning capacity, and lack of luxuries or recurring debt clearly met WCB Policy 04-04 and Procedure 31.6K criteria.
The DRDRB agreed, confirming that the worker’s basic expenses and long-standing mortgage were sufficient to justify the continuation of unreduced ELP benefits. The decision noted that while a formal retirement plan wasn’t required, the worker had provided compelling, consistent evidence of financial necessity and intent to continue working had he not been injured.
As a result, the DRDRB reversed WCB’s 2023 decision and confirmed the client’s entitlement to full ELP through the end of 2024, with a future review set for November 2025.
This outcome underscores the importance of documenting financial necessity and pre-accident obligations when challenging an age-65 ELP reduction.
Employer’s Challenge Denied – DRDRB Upholds Acceptance of Low Back Injury Claim (Decision Date: June 25, 2024)
In this case, the employer disputed the acceptance of our client’s low back injury claim, arguing that no incident was reported during her employment, and attributing the injury to non-work-related causes. The employer asserted that the worker had been hired in a safety role and should not have been performing physically demanding tasks.
We successfully represented the worker during an in-person hearing before the Dispute Resolution and Decision Review Body (DRDRB) on June 11, 2024. We submitted medical records, job demand analyses, and multiple witness statements confirming that the worker was regularly performing heavy manual labour, including lifting a 90-pound wall saw above shoulder height.
The DRDRB found that the injury arose out of and occurred during the course of employment, applying the “but for” test and WCB’s “benefit of doubt” policy. The decision emphasized that our client’s heavy lifting duties—though not formally part of her safety role—were a necessary part of her job due to staffing shortages. The panel placed more weight on the treating physicians and orthopedic specialist than on the WCB medical consultant, concluding that “but for the heavy lifting, the injury would not have occurred.”
As of the June 25, 2024 decision date, the employer’s appeal was denied, and the acceptance of the claim was upheld in full.
TTD Benefits Reinstated After Psychological Claim Review – DRDRB Decision Dated November 4, 2024
Our client, a former police officer diagnosed with chronic PTSD and Major Depressive Disorder stemming from his time with the Edmonton Police Service, was denied temporary total disability (TTD) benefits by WCB Alberta on the grounds that his psychological deterioration was linked to events in Manitoba.
We appealed the decision, presenting evidence that the client’s symptoms were a continuation of the original compensable injury sustained in Alberta. Despite gaps in treatment history, we submitted medical opinions confirming that his PTSD never resolved and that the traumatic exposures in Manitoba merely aggravated his pre-existing, already disabling condition.
The DRDRB agreed in part, confirming that the client’s compensable psychological conditions remained the dominant cause of his work disability. While benefits were not awarded retroactively to May 2022 due to insufficient contemporaneous documentation, the panel found that as of November 24, 2023, the client was clearly unfit for any work due to his accepted psychological injuries and awarded TTD benefits from that date forward.
This November 4, 2024 decision acknowledges that WCB must consider the chronic and cumulative nature of psychological injuries and the long-term disablement they can cause—even when external stressors may also be present.
These success stories are a testament to the dedication, skill, and passion that Blue Collar Consulting brings to every case. If you’re an injured worker in need of representation, contact us today to discuss your case and learn how we can help you secure suitable financial support.