Reference no: EM133789094

Question: As the Safety Officer at Hogwarts, you are responsible for managing the WSIB claims. Helga Hufflepuff who runs the kitchen reported pain in her right elbow while performing her duties. Helga was seen by a physician at the local hospital and was off work for 2 days while she attended medical appointments and testing. You remained in regular contact with Helga following the incident. With the assistance of her family physician, Dr. Pomfrey, Helga was diagnosed early and was referred by Dr. Pomfrey to a 12-week active physiotherapy program. Following Helga's assessment by the physiotherapist, you coordinate a teleconference with Helga's supervisor (Headmaster Albas), the physiotherapist, Helga, and Dr. Pomfrey to identify suitable modified duties and to develop the work reintegration plan. All parties agree with the duties and work reintegration plan, which includes physiotherapy sessions 3 days /week and you send the information to the WSIB Claims Adjudicator. The treating physiotherapist has been providing the WSIB, Dr. Pomfrey, and Hogwarts with a weekly progress report in the form of a functional abilities form (FAF). Headmaster Albus is very happy with her progress as Helga has been gradually increasing her duties at work and is presently doing all her regular tasks except for lifting cases of soft drinks which weigh 22 lbs. and restocking the beverage cooler. In the week 10 FAF report, the treating physiotherapist notes that Helga is progressing well and is expected to be able to perform her full regular duties upon her discharge in 2 weeks.

The following week (one week before her discharge from physiotherapy), Helga stopped attending physiotherapy, stating that her symptoms were worse and her doctor, Dr. Pomfrey had advised her to be off work. Helga then provides her employer with a medical certificate signed by Dr. Pomfrey, stating that she is to be off work indefinitely and that surgery may be required. You contact Helga to follow up, and she confirms that no new incident or injury has occurred. You contact the treating physiotherapist who confirms that the week 10 FAF accurately reflected Helga's functional abilities on the last day that she attended physiotherapy. You advise Helga that the modified duties remain available and the job tasks can be changed to respect any new precautions that Dr. Pomfrey has identified. You share this information with the WSIB Adjudicator, who confirms that the WSIB has not received any additional medical information from Dr. Pomfrey. Three weeks have now passed since Helga provided her medical certificate and stopped attending physiotherapy and participating in the work reintegration program.

You contact Helga again and she confirms that she has not returned to physiotherapy and she is not sure if her physician, Dr. Pomfrey, has provided any new medical documentation to the WSIB. You contact the adjudicator, who confirms that no new medical or functional information has been provided by Dr. Pomfrey but seems to be unsure of whether he will disallow the recent time off work. You feel very strongly that Helga's current situation is not work-related, and you prepare a letter for the adjudicator to request that the recent 3 weeks of lost time be disallowed.