CSR | January 2019 | News
Job duties and pre-existing condition could aggravate each other
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ladders and stairs constantly
which would also (be) contribu-
tive to the problem." The podia-
trist also indicated the worker
had an angular deformity in her
hip and knee that predisposed
her to having plantar fasciitis
due to increased stress on the
ligaments in her feet.
The podiatrist was of the
opinion that the worker's job de-
mands was "the most probably
cause of the worker's plantar fas-
ciitis," as she didn't have to wear
work boots outside of work and
she didn't have hard surfaces,
many stairs, or heavy carrying to
contend with at home.
The WSIB and an appeals res-
olution officer denied the work-
er entitlement to benefits. The
appeals resolution officer grant-
ed a reconsideration based on
the worker's claim of "significant
new evidence," but confirmed
the denial of entitlement in Janu-
ary 2017. The worker appealed
to the tribunal, arguing that the
worker's job duties included risk
factors for the development of
plantar fasciitis, the symptoms
arose at work and not at home,
and the worker didn't have any
non-occupational risk factors
such as obesity or age.
An ergonomist's report in
May 2018 that noted the work-
er's exposure to factors that
could cause plantar fasciitis at
work, but it was "hard to say"
which factor — the work condi-
tions or the worker's pre-existing
deformities — was the primary
cause of the plantar fasciitis, as
"both would also aggravate the
development of the other."
The worker continued to work
as a millwright but was moved
from the area to which she had
been assigned following her re-
turn from maternity leave. She
also worked with some restric-
tions and reported that her feet
were feeling much better.
Convergence of factors
could lead to entitlement
The tribunal referred to a dis-
cussion paper it had from March
2003 that acknowledged a corre-
lation between prolonged stand-
ing and walking and the worker's
condition "had been suggested
but that direct causation has
not been established." However,
there were cases in which the tri-
bunal had awarded benefits for
plantar fasciitis where "a com-
bination of prolonged standing,
walking, weight bearing, risk
factors, and medical opinions
have converged."
In the worker's case, her treat-
ing podiatrist provided a medi-
cal opinion that the worker's du-
ties were the probable cause of
her plantar fasciitis, despite the
worker's pre-existing deformi-
ties in her hip and knee. In addi-
tion, the worker only developed
the pain in her heels after she
returned to work and resumed
her job duties. This was enough
to conclude the worker's condi-
tion was at least aggravated, if
not outright caused, by her work
— which was enough to provide
entitlement to benefits, said the
tribunal.
"A significant contributing
factor is one of considerable ef-
fect or importance. It need not
be the sole contributing factor,"
said the tribunal. "In this case,
although the worker has a pre-
disposition to plantar fasciitis
based on her 'angular deformity,'
her work duties were a signifi-
cant contributing factor to the
development of plantar fasciitis."
The tribunal allowed the
worker's appeal and returned
the matter to the WSIB to deter-
mine the nature and duration of
her benefits.
For more information see:
• Decision No. 2040/18, 2018
CarswellOnt 17313 (Ont.
Workplace Safety & Insurance
Appeals Trib.).
Agony < pg. 6
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