Canadian Safety Reporter

7 Canadian HR Reporter, a Thomson Reuters business 2018 News | July 2018 | CSR recurrences, which outlined the factors for determining if the worker's current condition was a recurrence: • whether the parts of the body affected are the same as the original injury • whether the body functions affected are the same • the degree to which body functions are affected compared to the initial condition. In addition, the policy manual document required a continuity between the current condition and the initial condition, such as complaining of the condition on an ongoing basis since the origi- nal injury, ongoing symptoms, work restrictions or modifica- tions, ongoing treatment, or a lifestyle change since the origi- nal accident. There also had to be no new significant accident that could have caused the new injury. The tribunal found that the worker experienced ongoing symptoms in his lower back and left leg. Even though he went back to work two months after the original injury, he continued to experience pain and limita- tion in what he could do. He may have felt that he was on the road to a full recovery, but he contin- ued to work modified duties and experienced an increase in his symptoms with his new employ- er in June 2013. The tribunal also found that the areas affected by the symp- toms remained the same the entire time from the original injury through to his claim of a recurrence — the lower back and left leg, which were consis- tent with the diagnosis of sciat- ica and eventually degenerative disc disease. The worker also received ongoing medical treat- ment through physiotherapy and regular doctor's visits, up to his August 2013 MRI and De- cember 2013 surgery, said the tribunal. In addition, the tribunal re- ferred to its medical discussion paper on low back pain that linked radial leg pain to com- pressed nerve roots caused by disc herniation — consistent with the worker's ongoing symp- toms that started with the origi- nal workplace injury. The tribunal determined there was compatibility be- tween the worker's initial injury in January 2012 and his recur- rence in the fall of 2013 in his new position — the symptoms never fully resolved — and there was no new significant injury. Because the worker was unable to perform his full duties due to this recurrence and had to go off work in October 2013, the tribunal ruled he was entitled to benefits. It remitted the claim back to the WSIB for determi- nation. For more information see: • Decision No. 1128/18, 2018 CarswellOnt 7433 (Ont. Workplace Safety and Insurance Appeals Trib.). Original diagnosis of strain was incorrect: Doctor Back pain < pg. 3 e worker went back to work 2 months after original injury but continued to experience pain and limits to what he could do. His symptoms increased with his new employer. Presented by Canadian Occupational Safety, this gala dinner brings together the entire safety community and provides an excellent opportunity to network with your peers and discover the best practices that are changing workplaces across Canada. Emcee: Todd Humber, Publisher, Canadian Occupational Safety Date: October 18th, 2018 | Location: Arcadian Court, Toronto 5:30 p.m. Cocktail Reception | 6:45 p.m. Gala Dinner and Awards Presentation Dress: Business Attire www.safestemployers.com COME TO THE CSE GALA EVENT CELEBRATING SAFETY MVPs EMPLOYERS SAFEST 2018 CANADA'S Presented by Strategic Partner Platinum Sponsor Bronze Sponsor Gold Sponsor Silver Sponsor Silver Sponsor Silver Sponsor Bronze Sponsor EXPERTS IN OCCUPATIONAL TESTING Reception Sponsor Gold Sponsor

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