Canadian Safety Reporter

January 2019

Focuses on occupational health and safety issues at a strategic level. Designed for employers, HR managers and OHS professionals, it features news, case studies on best practices and practical tips to ensure the safest possible working environment.

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CSR | January 2019 | News Job duties and pre-existing condition could aggravate each other WEBINARS Interested in learning more about safety and HR issues directly from the experts? Check out the Canada Professional Development Centre's live and on-demand webinars discussing topics such as Ontario's sexual violence and harassment plan act, chemicals in the workplace, and fall protection. Visit www.cpdcentre.ca/cos for more information. 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 ©2019 Thomson Reuters Canada Ltd ISBN/ISSN: 978-0-7798-2810-4 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, photocopying, recording or otherwise without the written permission of the publisher (Thomson Reuters, Media Solutions, Canada). Canadian Safety Reporter is part of the Canadian HR Reporter group of publications: • Canadian HR Reporter — www.hrreporter.com • Canadian Occupational Safety magazine — www.cos-mag.com • Canadian Payroll Reporter — www.payroll-reporter.com • Canadian Employment Law Today — www.employmentlawtoday.com • Canadian Labour Reporter — www.labour-reporter.com • Canadian Safety Reporter — www.safety-reporter.com Safety Reporter Canadian www.safety-reporter.com Published 12 times a year by Thomson Reuters Canada Ltd. 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