Canadian Safety Reporter

5 Canadian HR Reporter, a Thomson Reuters business 2017 News | July 2017 | CSR Workplace fall leads to permanent impairment entitlement Pre-existing carpal tunnel syndrome was aggravated and knees were permanently injured in office worker's tumble BY JEFFREY R. SMITH A RETIRED Ontario office worker has won her appeal for ongoing benefits for wrist, hand, and knee impairments that were aggravated by or stemmed from a workplace fall. The worker was employed as a primary adjudicator, a posi- tion that involved a significant amount of typing. In June 1997, the worker began experienc- ing pain in both hands and ap- plied for workers' compensation benefits. Her application was granted and she received full wage loss benefits for repetitive strain injuries to both hands for a one-month period in July 1997 and a two-month period from September to November of the same year when she was unable to work due to her injuries. The worker's injuries flared up again in January 1998 and she received full wage loss benefits again for three weeks she was unable to work in late January and early February. The Ontario Workplace Safe- ty and Insurance Board (WSIB) determined that the injury to the worker's right hand — which had been diagnosed as flexor te- nosynovitis — was a permanent impairment. In February 2000 she was granted entitlement for bilateral carpal tunnel syndrome from September 1998. The worker's injuries im- proved to the point where she could work. While she reported swelling and a "warm sensa- tion" in her hands every day, she was able to type and answer the phone without using splints or any other assistance. On Jan. 20, 2012, the worker slipped and fell to all fours while at work. She landed on both knees and braced herself with both hands on the ground. She suffered from contusions and strain injuries on both knees and strain injuries to both hands, requiring medication. She had to stop working and the WSIB granted her entitlement to work- ers' compensation benefits for these injuries. A short time later, a WSIB case manager granted her additional benefits because the work accident had aggravat- ed her pre-existing carpal tunnel syndrome. The worker remained off work for 16 days, during which she received full loss-of-earning benefits from the WSIB. She re- turned to work on Feb. 6, with modified duties and was pro- vided with a stool to prop up her legs. She wore a knee brace and splints at times. Her employer developed a graduated plan, where she started with very little typing at first and shorter hours, gradually increasing both until she was performing her normal duties. The worker lasted three months until May, when she was diagnosed with trigger thumb. However, the WSIB denied her entitlement for the condition. On June 11, the worker was laid off after suffering from a psychological condition that was not work-related. However, the worker claimed the condi- tion was triggered by her being unable to sleep and it led to two weeks in the hospital. In March 2014, the worker's position was made redundant and she opted to take an early re- tirement package with a reduced pension. She also collected Can- ada Pension Plan disability ben- efits for the psychological con- dition and the pain in her hands and wrists. The worker applied once again for permanent impair- ment benefits — claiming she re- Credit: Shutterstock/kamomeen Worker > pg. 8 e worker fell and landed on all fours, suffering contusions and strain injuries to both knees and strains to both hands. She had pre-existing carpal tunnel syndrome that was a permanent impairment.

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