Highlights of Noteworthy Decisions

Decision 1631 21
A. Somerville - R. Ouellette - Z. Agnidis
  • Chronic pain (consistency with organic findings)

48 year old was working as a 911 dispatcher when she slipped and fell on ice in her employer's parking lot on February 22, 2013.

Entitlement was granted for strains to the upper and lower back and to the left hand/wrist. Subsequently, the worker was awarded a 15% NEL for CPD with a maximum medical recovery date of March 18, 2016.
The employer appealed to the Tribunal the worker's entitlement for CPD.
The Panel found that all the criteria for CPD entitlement set out in Board policy had been met in this appeal.
The employer's representative submitted that there was a time lag following the accident before the worker developed neck and shoulder pain symptoms, and that the worker did not have entitlement for the neck and shoulder. He referred to Decision No. 3291/00. The Panel however distinguished Decision No. 3291/00, finding that in the present appeal that the evidence established on the balance of probabilities that work accident was a significant contributing factor to the pain in the worker's hand and wrist and that there was not an organic explanation for this pain. In these circumstances, while the worker also had pain in her shoulder and neck, this did not preclude entitlement for CPD in her hand and wrist due to the work accident. In this regard, the Panel followed Decision No. 582/06, which found that pain symptoms in a variety of areas, some of which may not be part of the compensable claim, would not preclude entitlement under the CPD policy.
The employer's appeal was denied.