WSIB's appeals resolution office
(ARO) with reports from two
specialists stating they felt the
chronic neck pain and headaches
were aggravated by the 2010
accident, but the ARO denied
the appeal. The ARO found the
worker's neck injury at the time
of the accident had been diag-
nosed as a soft-tissue injury from
which the worker had recovered.
There was no causal link be-
tween the 2010 accident and the
worker's current neck pain and
headaches, said the ARO.
The worker appealed once
again, claiming he had experi-
enced pain in his neck since the
accident that had never gone
away. He said he didn't seek fur-
ther treatment of his neck at the
time because he had been told it
would heal.
The tribunal noted that the
2010 accident was serious and
the force of the ladder falling on
the worker was enough to break
his hardhat and forearm, while
knocking the worker down. It
was "a significant accident and
that it is reasonable to conclude
that the mechanics of this acci-
dent could cause the neck pain
and headaches that the worker
complained of," the tribunal
said.
The tribunal found that it was
likely neck pain or headaches
were not mentioned in the work-
er's physiotherapy treatments
because the focus was on his arm
and inquiries likely weren't made
about the other problems. In ad-
dition, the worker was typically
stoic and didn't tend to over-
state his injuries, and the work
he did following the accident —
first modified duties and then a
supervisory position — didn't
initially aggravate his neck and
head pain.
The tribunal found the opin-
ions of the three specialists who
felt the worker's pain was related
to the 2010 accident were wor-
thy of consideration. There were
indications the worker had suf-
fered from headaches since the
accident and the specialists who
examined him "had no difficulty
in relating the worker's neck pain
and headache symptoms to the
Jan. 12, 2010, accident."
The tribunal referred to a
medical discussion paper on
headaches which stated they
could come on after head or
neck trauma and become per-
manent. This paper, along with
the opinions of medical special-
ists, was enough to determine
the worker's headaches and
neck pain were related to the
neck and arm injury he suffered
in the 2010 accident. It allowed
the worker's appeal and found he
was entitled to ongoing workers'
compensation benefits for his
neck injury and initial benefits
for his headaches.
For more information see:
• Decision No. 2214/15, 2016
CarswellOnt 15723 (Ont.
Workplace Safety & Insurance
Appeals Trib.).
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Worker < pg. 5
Headaches can follow head or neck trauma
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e specialists who examined the
worker had no difficulty in relating
the worker's neck pain and headache
symptoms to the workplace accident.
