- Amputation (finger)
- Health care (chiropractic)
- Consequences of injury (secondary condition)
The worker received a 27% Non-Economic Loss (NEL) benefit for right shoulder supraspinatus tendinopathy and exacerbation of calcific tendinopathy of the subscapularis, and exacerbation of C5-C6 cervical spine DDD with right-sided neuroforaminal narrowing. The issues under appeal were whether the worker had secondary entitlement for the amputation of the left-hand middle finger, and whether the worker had entitlement to maintenance chiropractic treatment.
The Vice-Chair allowed the appeal.The Vice-Chair found that the worker's amputation injury was a secondary condition arising from the worker's compensable 2014 accident. The worker sustained his left finger amputation as a result of using a saw in his home in June 2018. As a result of his right upper extremity injury, he was relying more on his left arm/hand because it did not impact his neck as much. On the day of injury, he had a spasm emanating from his neck which caused the accident. The Vice-Chair accepted from the medical reporting that the spasm symptoms described by the worker in his testimony were caused by his compensable neck injury. The worker's compensable cervical spondylosis was therefore a significant contributing factor to the worker's left finger amputation. The worker had entitlement for the amputation of the left-hand middle finger. The Vice-Chair considered whether the worker was entitled to reimbursement for chiropractic treatment between February 21, 2020 and December 20, 2021. In accordance with the Administrative Practice Document: Maintenance Treatment, entitlement to maintenance treatment may be granted if the treatment received meets the stated objectives. The Vice-Chair found that the medical evidence from 2019 to 2021 confirmed that chiropractic treatment during this period met the goals of maintenance treatment and was, therefore, necessary, appropriate, and sufficient as a result of the workplace injuries.