February 2019 | News
Back strain at work likely aggravated pre-existing condition
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with a lumbar strain and a small
disc herniation. The clinic rec-
ommended therapy and a reas-
sessment if he couldn't return to
work.
In December, the appliance
company confirmed it couldn't
provide suitable modified work
on a permanent basis, so the
worker was referred to work
transition services. He was en-
rolled in academic upgrading
for a suitable occupation of elec-
tronics assemblers, fabricators,
inspectors and testers.
The WSIB granted the worker
a non-economic loss award of
5.25 per cent for residual impair-
ment of his lumbar spine, but the
worker felt his injury warranted
more. He appealed and an ap-
peals resolution officer deter-
mined the worker's pre-existing
degenerative changes contribut-
ed to his lower back impairment,
but were of moderate severity.
The officer increased the work-
er's non-economic loss award
to 14 per cent, but he still didn't
receive benefits for the period
when he tried to return work in
2014.
In early 2016, the work transi-
tion services were closed and the
worker returned to work with
the wholesale appliance compa-
ny, but at a wage loss due to mod-
ified duties. The WSIB granted
him partial loss-of-earnings
benefits to make up the differ-
ence between his new wages and
his pre-accident earnings.
The tribunal found that the
various medical reports indicat-
ed that the worker's symptoms
were worse after the workplace
accident and the appeals reso-
lution officer agreed with the
fact the accident aggravated the
worker's condition. The tribu-
nal noted that the worker didn't
experience any back pain prior
to the workplace accident, but
afterwards suffered from per-
sistent pain and episodes of sci-
atica.
Condition aggravated
by workplace injury
The tribunal noted that the
WSIB medical consultant's find-
ings — which the appeals resolu-
tion officer used in his decision
— found the worker's condi-
tion wasn't compatible with
the mechanism of injury, but
the back strain suffered at work
likely aggravated that condition.
This was enough to warrant en-
titlement to benefits for aggrava-
tion of the worker's underlying
degenerative condition, said the
tribunal.
The tribunal found that the
worker was not capable of re-
turning to work on April 24,
2014, the date that was recom-
mended by the WSIB medical
assessment, and the appliance
company didn't have modified
duties until the worker actually
returned on May 26, 2014. As a
result, the worker was entitled to
loss-of-earnings benefits from
the time he stopped receiving
benefits on April 24, 2014, and
the date he stopped working be-
cause of his recurrence of back
pain on June 18, 2014, less any
employment earnings for that
period.
For more information see:
• Decision No. 1517/18, 2018
CarswellOnt 19440 (Ont.
Workplace Safety & Appeals
Trib.).
Workers' compensation < pg. 6
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e worker didn't experience any back pain
prior to the workplace accident, but afterwards
suff ered from persistent pain and sciatica.