Canadian Safety Reporter - sample

5 Canadian HR Reporter, a Thomson Reuters business 2016 5 Canadian HR Reporter, a Thomson Reuters business 2016 News | August 2016 | CSR Injured worker gets benefits for chronic pain Medical evidence showed chronic pain disorder with psychological elements arose out of work-related injury: Tribunal BY JEFFREY R. SMITH THE ONTARIO Workplace Safety and Appeals Tribunal has granted a worker's appeal for benefits for chronic pain stemming from a workplace in- jury, overturning an earlier re- jection of the worker's claim by the province's Workplace Safety and Insurance Board. The 51-year-old worker started a job as a food produc- tion worker at a fast food res- taurant in June 2000. Part of her job involved lifting and filling 5 kg bags of food and fastening them with a clipper machine. She filled trays with the bags, with each tray containing 160 bags each. Over the course of the workday, she filled 40 trays, meaning she lifted and filled be- tween 360 and 480 of these bags per hour. Over time, she devel- oped shoulder pain from the constant moving of her arm and neck during the process. She also claimed the temperature of the bags — about four degrees Celsius — made her feel worse. On Dec. 17, 2006, the worker filed a report of injury with the Ontario Workplace Safety and Insurance Board (WSIB) for a gradual onset injury to her shoul- der and neck from the repetitive lifting and filling of the bags. The board accepted her claim and granted her benefits with an in- jury date of Sept. 14, 2007. X-rays of the worker's spine showed degenerative changes while the worker reported ongo- ing pain in her neck, head and face along with jaw locking. She also had trouble sleeping and experienced headaches, noise sensitivity, fatigue, dizziness and blurred vision. She had a previous diagnosis of migraines and tension headaches, but had been diagnosed in May 2008 with a repetitive strain injury to her neck, neck and shoulder pain, transmandibular joint dys- function from chronic pain and stress, and depression second- ary to chronic pain. Her doctor reported that these conditions "originate from an overuse in- jury at work." The worker's doctor also stat- ed that the worker may need a gradual return to work and may only be able to work part-time, but it was possible she could re- turn to full-time work. A neurologist found no ab- normalities related to the work- er's pain and a rheumatologist determined the worker's upper extremities were normal with- out "any objective or neurologi- cal complication." However, a functional rehabilitation assess- ment in 2009 determined the worker had "permanent func- tional precautions" for her neck and shoulders and she should "avoid prolonged head forward positioning; avoid repetitive or prolonged at or above the shoulder level activity involv- ing the upper extremities; avoid repetitive resistant pushing and pulling activities, bilateral load handling at the sedentary de- mands level." The restaurant couldn't ac- commodate the worker's re- strictions from her injuries, so the WSIB referred her to labour market re-entry services in October 2009. A plan was de- veloped that identified suitable employment or business (SEB) of retail salespersons and sales clerks. An assessment for the labour market re-entry program deter- mined the worker had pain with a psychological element to it, but it wasn't a barrier to her re- turning to employment and par- ticipating in on-the-job training. Further reports during the pro- gram indicated the worker was "pain-focused" and had pain and numbness in her left arm and hand, along with neck pain, but this wasn't seen as a barrier to her progress. Worker couldn't go back to work full-time By October 2010, the worker completed the program and was considered employable in the SEB assigned to her. She recom- mended a part-time program so she could dedicate more time to pain management strategies but she was put in a work placement in a large department store. The WSIB granted her partial loss- of-earning benefits to make up the difference between esti- mated SEB wages and what she earned at the restaurant before her injury. However, the worker didn't find suitable employment and indicated a preference for part- time work, as she found full-time hours in her work placement were too much. A psychiatrist diagnosed her with "chronic pain syndrome with physical and psy- chological components" along with secondary depression from her injuries. The worker filed a claim for chronic pain disabil- ity that was interfering with her ability to perform work in retail positions. She said the chronic pain was a direct result of her work injury. A WSIB case manager denied her claim in June 2011, finding there was insufficient informa- tion to show entitlement be- cause of her work-related injury. Credit: Shutterstock/Roger costa morera Work-related > pg. 8

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