Canadian Safety Reporter

6 Canadian HR Reporter, a Thomson Reuters business 2019 CSR | January 2019 | News Agony of defeat turns to entitlement victory for worker with sore feet Worker had predisposition for development of plantar fasciitis but job duties were also a likely contributor to condition: Tribunal BY JEFFREY R. SMITH AN ONTARIO worker's job du- ties likely contributed to her development of plantar fasci- itis in both feet, despite the fact the worker had a predisposition to the condition, the Ontario Workplace Safety and Insurance Appeals Tribunal has ruled. The 35-year-old worker was a millwright hired in 2006. The position involved making re- pairs, installations, and per- forming inspections on various types of pneumatic, hydraulic, and mechanical equipment in a manufacturing environment, while staying on foot most of the time. Often, the worker's duties included standing on equip- ment, working at heights with a safety harness, or walking on catwalks and stairs, so a certain level of balance was required. The worker worked without event until the end of 2014, when she went on maternity leave. She had no medical issues during her tenure or during her maternity leave. The worker returned to work in September 2015. A couple of months later, in November, she started noticing pain in both of her feet, particularly her heels. She changed her work boots but had to use men's boots as there were no women's boots avail- able. However, the new boots were heavy and stiff and her feet continued to worsen, so she re- turned to her old boots. After no improvement in her pain, she tried using insoles. On Jan. 25, 2016, she reported the pain to her employer, saying she believed the pain developed from prolonged walking at work. Despite the pain, however, she didn't miss any time at work. The worker spoke to the On- tario Workplace Safety and In- surance Board (WSIB) about any possible eligibility for work- ers' compensation benefits. She told a WSIB adjudicator that she was on her feet all day wearing work boots, while working on equipment in various positions including balancing on uneven surfaces. In addition, she had to walk up and down several flights of stairs in her boots over the course of the work day, she said The worker suggested that her foot pain was the result of a change in her work area after she returned from her maternity leave. Before her leave, the work- er performed her job in different areas of the plant, but upon her return she was assigned to a spe- cific area that was faster paced. There were more repairs to do in the new area and her old partner retired, leaving her to train a re- placement. In addition, she had to stand on an incline a lot of the time, carry tools weighing up to 150 pounds, and travel up and down 20 to 30 flights of stairs per day. In February 2016, the worker was diagnosed with plantar fas- ciitis in both feet. She started using orthotics and began phys- iotherapy treatments. In Sep- tember, a podiatrist observed "significant biochemical defor- mities in her lower extremities and feet that would contribute to this problem, however, she has a difficult job where she walks on hard concrete floors and uses Worker began experiencing pain in both feet within a couple of months after assignment to new work area with more inclines, climbing stairs, and carrying of heavy tools. Credit: Shutterstock/catinsyrup Job duties > pg. 8

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