Canadian Safety Reporter

3 Canadian HR Reporter, a Thomson Reuters business 2019 News |Canadian Safety Reporter Permanent impairment entitlement a long time coming Years of enduring increased symptoms and being unable to work led to eventual determination that workplace accident permanently aggravated worker's pre-existing condition BY JEFFREY R. SMITH AN ONTARIO worker has been granted permanent impairment benefits for a pre-existing back condition — 17 years after it was determined the condition had returned to its state before a workplace accident. The 71-year-old worker was employed as a utility gas fitter and meter installer, hired by his employer in 1985. He had a long- standing history of pain in his lower back, as well as incidents of sciatica over the course of his lifetime. However, by 2000 he claimed things had been "pretty good" with his back, with the ex- ception of the "odd little muscle spasm" that would go away with- in a day. He had also suffered a right ankle fracture in Novem- ber 1975 for which he had re- ceived an eight-per-cent perma- nent disability award. Despite his back issues, he didn't seek medical attention and was able to perform his regular job duties. The worker underwent a full- body bone scan in June 2000, as he had arthritis in his hands and his doctor wanted to check his other joints in order to rule out rheumatoid arthritis. The scan revealed osteoarthritis in his lumbar spine, both shoulders, right ankle, knee joints, hands, and wrists. In October 2000, the worker began feeling some pain in his lower back and right leg because of what he felt was an uncom- fortable seat in his service van. He submitted a report of injury regarding the pain and his em- ployer eventually provided him with a different vehicle. Workplace accident aggravated back condition The worker continued to work for another two months until Dec. 18, 2000, when he drove his service vehicle over a large bump in the road. He immediately felt "excruciating pain" in his back and leg significantly greater than what he had been feeling previ- ously. Soon after, he began feel- ing numbness in his right foot, which continued for over a year. The worker was off work for about one month following the accident. In February 2001 he returned to work on modified duties, though his back contin- ued to bother him. His work- ers' compensation benefits were discontinued due to a doctor's report indicating his arthritis hadn't prolonged his healing and his condition had improved to 75 per cent. The worker drove a service vehicle but his modified duties excluded heavy lifting and in- stallation work, though he had to do some standing, bending, and stair climbing that aggra- vated his back pain. He mostly worked partial days and went home when he couldn't tolerate the pain anymore. He also wasn't able to partake in activities that he had done before his work- place accident, such as golfing, fishing, walking long distances, or shovelling snow. The worker's doctor com- pleted a functional abilities form in October 2001 that indicated the back pain was chronic and was "most likely permanent by nature." Another assessment in February 2002 stated the worker hadn't improved with aggressive treatment and his symptoms were most likely permanent. By December 2001, the work- er's back pain was at the point where he couldn't perform even his modified duties. He stopped working and received short- term benefits for one year, then was placed on long-term disabil- ity benefits. He applied for and was granted Canada Pension Plan disability benefits in 2003. The Ontario Workplace Safety and Insurance Board (WSIB) also granted him healthcare and loss-of-earnings benefits for "an aggravation of a pre-existing condition" that was related di- rectly to his job duties. After the worker stopped working, his back pain lessened but didn't completely go away. He occasionally received injec- tions and consulted a neurosur- geon, though for several years he didn't have a family doctor so he visited walk-in clinics. He was told by doctors that he would have to learn to live with some back pain, so he didn't seek regu- lar medical treatment. Usually, if his back started bothering him, he would take pain medication and rest, but his mobility was limited and he had to drive using both feet. New treatment plan By 2010, the worker had a fam- ily doctor who referred him for physiotherapy, massage, and acupuncture as treatment for his back. The doctor suggested the worker should receive worker's compensation benefits to help pay for the treatment since it was related to a workplace acci- dent. The worker also received chiropractic treatment between 2011 and 2014, but stopped go- ing because he was told nothing could be done to improve his back pain. In January 2010, the worker contacted the WSIB to see if it would cover his physical therapy and massages, as well as ongoing entitlement for his right ankle injury. A WSIB adjudicator ad- Credit: Shutterstock/ronstik Worker continued > pg. 7

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