Canadian Safety Reporter

3 Canadian HR Reporter, a Thomson Reuters business 2018 News | April 2018 | CSR Jaw injury not a permanent disability more than 30 years later Worker kept claiming TMJ dysfunction was a permanent disability but he was able to perform his full job duties and eat normally BY JEFFREY R. SMITH AN ONTARIO worker who pur- sued a permanent disability award following a workplace in- jury to his jaw has come up emp- ty after more than three decades of claims after the province's Workplace Safety and Appeals Tribunal found the worker's abil- ity to work and function wasn't impaired enough to warrant an award for disablement. The worker was employed with an Ontario paving compa- ny in the position of foreman. On Nov. 17, 1972, the then 26-year- old worker was working with a dump truck that started mal- functioning. The truck's box was raised and the worker looked down through the frame to see if he could identify the problem. However, while was looking, the truck's box came down on his head, pinning him between the box and the truck's frame. The worker's brother was with him and raised the truck's box quickly. However, the worker lost consciousness and fell to the ground once he was released from being pinned. The worker was taken to a hospital, where he was di- agnosed with a fractured left mandible and neck swelling. He remained in hospital for about two weeks and received outpa- tient care and physiotherapy af- ter he was released. He received workers' compensation benefits until he returned to work in his pre-injury position at the paving company on March 19, 1973. Ten days after he returned to work, the worker informed the Ontario Workers' Compensa- tion Board (WCB) that, even though he was able to work, he still suffered from a disability as he couldn't chew his food prop- erly because of his jaw injury and it was still sore. A medical as- sessment in March 1973 found some limitation in movement in the worker's jaw, but there was a "satisfactory range of opening and closing his mouth." The doc- tor reported that the worker was capable of returning to work, but should see a dentist regard- ing "a slight mal-alignment of his teeth." Worker refused surgical option Over the next year, the worker continued to complain of dis- comfort and the alignment of his teeth and saw various doc- tors, dentists, and an oral sur- geon. The oral surgeon observed that the worker's jaw shifted to the left when opened and he had "post-traumatic" pain. The surgeon suggested surgery to correct the condition, but the worker refused because his jaws would be wired shut for six to Medical > pg. 11 NOMINATIONS CLOSE JUNE 1 BEST HEALTH + SAFETY CULTURE AWARD We're searching for an organization that lives, breathes and sleeps health and safety to win the prestigious Canada's Best Health + Safety Culture award. The winning company will have a culture that not only permeates the workplace, but extends into the employer's community, networks and areas of influence to make health and safety a priority for all. Canada's Best Health + Safety Culture award, sponsored by Levitt-Safety and presented in partnership with Workplace Safety & Prevention Services, is the top prize available within the lineup of Canada's Safest Employers awards. www.safestemployers.com Sponsorship opportunities Paul Burton | paul.burton@tr.com | 416.949.9928 CELEBRATING SAFETY MVPs EMPLOYERS SAFEST 2018 CANADA'S Presented by Strategic Partner Platinum Sponsor Bronze Sponsor Gold Sponsor Silver Sponsor Silver Sponsor Bronze Sponsor EXPERTS IN OCCUPATIONAL TESTING Reception Sponsor

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