Canadian Safety Reporter

7 Canadian HR Reporter, a Thomson Reuters business 2018 News | October 2018 | CSR larly, that an accident was "an identifiable unintended event which causes an injury" or a dis- ablement from "a condition that emerges gradually over time" that was "an unexpected result of working duties." The document also indicates that "an injury it- self is not a chance event." The tribunal further noted that the WSIB policy manual required certain elements for an allowable claim for benefits, in- cluding a personal work-related injury, compatibility of diagnosis to accident history and proof of accident. Typical hernias not compatible with job activities The tribunal found there was no personal work-related injury in this case. There was no specific incident that caused the her- nia and the worker described "a gradual onset of pain that got worse" over several months. The medical evidence on hernias in- dicated that often patients no- ticed a lump in the groin imme- diately following heavy lifting or a sudden severe strain and, while some hernias could develop gradually, those were difficult to determine what caused them. In addition, some men were predis- posed to hernias and the risk of developing one increased with age. Given the uncertainties and the lack of a specific identifiable accident — as well as the fact the worker performed his job duties for 14 years without any symp- toms — the evidence wasn't suf- ficient to link the worker's hernia to a workplace accident, said the tribunal. The tribunal also pointed out that the injury report forms weren't completed and submit- ted to the WSIB until August and September 2015, despite the fact the worker began ex- periencing pain several months earlier. This made it likely the worker didn't consider the her- nia to be related to his job duties until he missed time to undergo surgery, the tribunal said. The tribunal noted that the worker's doctor indicated that "prolonged and strenuous physi- cal activity may be at least a con- tributing cause of hernia," but the worker's duties could not be considered prolonged and stren- uous. Though the worker some- times had to lift heavy items as part of his normal job duties, it was only occasionally and for brief periods of time, not repeat- edly and over a long period of time. In addition, the worker's doctor provided no explanation in his report as to how the work- er's job duties may have directly contributed to the development of his hernia. The evidence also indicated that the worker consulted a spe- cialist for his hernia and the spe- cialist had no opinion as to the cause. The worker also denied experiencing any trauma in the consultation. The tribunal determined that there was insufficient evidence linking the worker's hernia to his job duties, so the worker's con- dition wasn't work-related. The appeal for workers' compensa- tion benefits was denied. For more information see: • Decision No. 1385/18, 2018 CarswellOnt 13543 (Ont. Workplace Safety and Insurance Appeals Trib.). No identifiable accident linked to typical cause of hernias Worker denied < pg. 6 Medical evidence indicated that often patients experienced symptoms immediately following heavy lifting or a suddent severe strain. Presented by Canadian Occupational Safety, this gala dinner brings together the entire safety community and provides an excellent opportunity to network with your peers and discover the best practices that are changing workplaces across Canada. Emcee: Todd Humber, Publisher, Canadian Occupational Safety Date: October 18th, 2018 | Location: Arcadian Court, Toronto 5:30 p.m. Cocktail Reception | 6:45 p.m. Gala Dinner and Awards Presentation Dress: Business Attire www.safestemployers.com COME TO THE CSE GALA EVENT CELEBRATING SAFETY MVPs EMPLOYERS SAFEST 2018 CANADA'S Presented by Strategic Partner Platinum Sponsor Bronze Sponsor Gold Sponsor Silver Sponsor Silver Sponsor Silver Sponsor Bronze Sponsor EXPERTS IN OCCUPATIONAL TESTING Reception Sponsor Gold Sponsor

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