- Chance event
- In the course of employment (reasonably incidental activity test)
- Strains and sprains (cervical)
- Fainting
- Concussion
The worker, employed as a teacher, fell in the staff washroom and hit her head and neck. Initial entitlement to benefits was denied by the WSIB and the ARO due to the fall being attributed to a non-work-related cause. The worker appealed this decision.
The Panel allowed the appeal.The employer argued the fall was caused by the worker fainting due to iron deficiency anemia, supported by medical reports and WSIB memos. The worker disputed dizziness before the fall, later stating she misstepped on a stool beside the toilet. The worker had a history of low iron but no prior fainting or dizziness. She denied migraines on the accident day and explained the fall was caused by missing the edge of a stool while standing up, leading to a head and neck injury. Despite changes in the worker's explanations over time, the Panel found it unlikely the stool caused the fall. It concluded the worker likely experienced a vasovagal syncope episode causing the dizziness and fall, although the specific trigger was undetermined. The Panel distinguished the vasovagal event causing the fall from the injury caused by striking the head and neck on the toilet, which constituted the injuring mechanism. The toilet being part of the workplace made the injury arise out of employment. The Panel found the worker's head and neck injuries arose from striking a workplace object, satisfying the requirement that employment made a significant contribution to the injury, even if other non-work factors contributed to the fall (section 13 of the WSIA). The fall was classified as a chance event under WSIA, defined as an identifiable unintended event causing injury. The Panel found the section 13(2) presumption - that injuries occurring in the course of employment arise out of employment - was not rebutted. The Panel referenced prior Tribunal decisions establishing that injuries from falls in the workplace are compensable regardless of the cause of the fall, equating faint-and-fall cases with trip-and-fall cases regarding entitlement.