- Preexisting condition (spondylolisthesis)
- Second accident
- Second Injury and Enhancement Fund {SIEF} (severity of preexisting condition)
- Consequences of injury (altered gait) (cane)
- Board Directives and Guidelines (SIEF) (one hundred per cent relief)
The employer appealed a 2019 Appeals Resolution Officer (ARO) decision granting 50% SIEF cost relief due to aggravation of a pre-existing condition. The worker, a Personal Support Worker, injured her lower back on July 18, 2016, while assisting a client, resulting initially in a back sprain/strain and later diagnosed with disc herniation and aggravation of pre-existing grade 1 lytic spondylolisthesis. A second accident in 2018 re-injured the lower back.
The employer sought an increase in SIEF relief from 50% to 90-100%, arguing the second accident caused by the worker's homemade cane qualified for 100% relief under policy for accidents caused by artificial appliances. The Vice-Chair denied the appeal.The Vice-Chair rejected the 100% relief claim, interpreting that 100% relief applies only when the wearing of an artificial appliance causes the original accident. The Vice-Chair found no evidence that the original accident was caused by an artificial appliance, as required for 100% relief, since the worker was not wearing such an appliance during the first accident. The second accident did not meet this criterion. The original accident was classified as minor, expected to cause non-disabling or minor disabling injury, based on the accident mechanics and environment. The worker's pre-existing grade I lytic spondylolisthesis was found to have minor medical significance, slightly increasing liability for disability. Other factors like obesity and pregnancy were not considered pre-existing conditions affecting the claim. Given the minor severity of the accident and minor medical significance of the pre-existing condition, the employer's entitlement to SIEF cost relief remained at 50%, and the appeal was denied.