- Second Injury and Enhancement Fund {SIEF} (severity of accident)
- Second Injury and Enhancement Fund {SIEF} (severity of preexisting condition)
- Second Injury and Enhancement Fund {SIEF} (prolonged recovery)
- Preexisting condition (hereditary hemorrhagic telangiectasia)
The employer sought entitlement to 75% SIEF cost relief with respect to the costs of this claim. The worker attributed the pain in her right arm, wrist, hand and fingers to the repetitive typing she performed at work. The worker went on to receive an 8% non-economic loss (NEL) award for the permanent impairment in her wrist. The worker had previously been diagnosed with hemorrhagic hereditary telangiectasia (HHT) and had a stroke in 2014.
The appeal was allowed, in part. The employer was entitled to 50% SIEF relief based on a minor accident and a minor pre-existing condition.The accident severity was classified as minor given that the accident involved the worker performing her regular job, consisting of keyboarding and mouse use (albeit with older equipment), and the accident did not involve a slip or fall or a dropping of materials. The activity could not be expected to cause a disabling injury. The worker's pre-existing HHT prevented her from taking anti-inflammatory medication or receiving a cortisone injection. Dr. Weinberg indicated that the pre-existing HHT was a moderate factor which limited the treatment options for the worker's nerve and tendon inflammation problems. In addition, prior to surgical intervention, conservative treatment is first recommended. The worker was not able to participate in first line treatment for her injuries, namely taking NSAIDs and having corticosteroid injections, due to her pre-existing condition. This contributed to the need for surgical intervention, which likely delayed the worker's recovery. The Vice-Chair classified this pre-existing condition as a minor condition as the worker was not precluded from participating in other types of non-surgical treatment. The worker was able to take other over-the-counter pain medication. The worker used icing, rest and heat to treat her symptoms. She wore a splint and brace. She participated in physiotherapy. Thus, the worker's pre-injury condition, HHT, did not prevent the worker from all non-surgical treatment, just two types of non-surgical treatment.