Highlights of Noteworthy Decisions

Decision 1088 21
17/11/2021
B. Pollock
  • Significant contribution (of compensable accident to development of condition)
  • Flat feet

The worker was a labour and delivery nurse. On November 19, 2007, she tripped over a cord and slammed her right foot down to ensure she did not drop the baby she was carrying. Entitlement was granted for a right ankle sprain and sinus tarsus syndrome, including a 6% NEL award for the sinus tarsus syndrome. The worker appealed decisions of Appeals Resolutions Officers denying entitlement for right foot pes planus (flat foot), os trigonum, and degenerative changes.

The appeal was allowed.
It was more likely than not that the work-related incident on November 19, 2007 was a significant contributing factor to the pes planus, os trigonum, and degenerative changes in the worker's right foot. There was no evidence that the worker had a right flat foot prior to the accident. The worker's treating orthopaedic surgeons concluded that the worker suffered a post-traumatic pes planus deformity, and their opinions were preferred over the Board's medical consultants. In addition, the worker had experienced a number of the known causes for adult acquired flat foot as noted in the Tribunal's Medical Discussion Paper on Pes Planus. The worker also had entitlement for her pre-existing, non-symptomatic os trigonum, which was aggravated by the flat foot deformity, and for the degenerative changes that were likely caused by her foot surgeries.