New Program of Care for Lower Extremity Injuries

The Workplace Safety and Insurance Board has now introduced a new program of care for Lower Extremity Injuries. The program is designed for workers who have been diagnosed with acute ankle sprain, an anterior knee injury with patellar tendinopathy, patellofemoral syndrome or a reocurrence. The Board describes the new program as an "experience based health care delivery plan that describes treatments shown to be effective for workers" diagnosed with these conditions.



The objective of the program is to:


" - facilitate early, safe and sustainable return to work

- resolve or reduce clinical signs and symptoms

- improve or restore strength and endurance with an intent to return to pre-injury function

- prevent chronicity

- achieve satisfaction with the quality of care among workers and other stakeholders "


This is the seventh program of care introduced by the WSIB. Other more common programs that workers may be familiar with include; the back and upper extremity program.


The programs of care have been useful in expediting injured workers to specialists in order to determine the nature and level of impairment. Unfortunately, in my experience if the issue is initial entitlement, the physicians are not asked to comment on compatibility of the injury to the duties being performed or the suitability of modified work. This type of information in my humble opinion could assist in the Board's decision making process.

WSIB Advertising Campaign

Well after attending a local business function last night I thought I'd finally add my 2 cents. While I can appreciate that the Workplace Safety and Insurance Board has a manadate to prevent accidents I am of the personal opinion that the recent advertising campagain is not appropriate.

The premise of the campaign is that there are no accidents. Well, as it turns out - there are. An accident is defined as a chance event with undesirable consequences. This is one of the definitions even accepted by WSIB. It implies that it is not preventable. Sometimes things happen. The other night I was driving home and it became extremely icy and slippery on one section of the road - it was entirely unexpected and unpreventable. Snow plows cannot be everywhere at the same time ensuring that the roads are safe. Even driving at a slow speed (40km/hr)could not have prevented what happened next.... The point is accidents do happen!


The next problem is that the advertising is too graphic, distasteful and does not portray reality. Just look at the WSIB's year end report and statistics. I'm sure most have seen the TV ad where there is an explosion and the worker falls out of a 4th floor window. Well after 20 years working in this area of law I have yet to see or hear this fact situation happen. In fact the number one reported injury in this province last year was a sprain or a strain. In our community and the claims that I see in my office the majority involve repetitive work. These types of incidents are more easily preventable by providing ergonomic workstations, incorporating proper lifting techniques or lifting devices, rotation of jobs, fatigue mats, proper tools... I could go on but I'm sure you get the point. The WSIB instead of helping the public- workers, unions, supervisors and employers learn ways to prevent these more common injuries has decided to sensationalize the Workplace accident. Most people can distinguish sensationalization from reality. We can distiguish war from an action movie. We don't take the action movie seriously and my belief is that we, as a society. won't take the WSIB ads seriously. Why? Because it just doesn't happen that way in real life.

Maybe its time for the WSIB to get a reality check!

Benefit Rate Changes effective January 1, 2008

By now you may have noticed an increase in your WSIB cheque which you receive and were wondering whether it was correct. Here is an explanation to help you decide if the amount you received is correct:

The clothing allowance benefit has been increased by 2.5%.

The Independent Living Allowance, Personal Care Allowance and the Guide & Support Dog Allowance were increased by the Consumer Price Index or 2.5 %.

The Personal Care Allowance(general rate) and the Non-Professional Escort fee was increased to $8.75 per hour.

For accidents after January 1, 1998, the monthly benefits cheques are recalculated on January 1 every year. The WSIB establishes a schedule of Net Average Earnings (produced by Actuarial Services and distributed by the Communications Division) for all levels of earnings up to the statutory maximum which reflects current rates for income tax, EI premiums, and CPP/QPP premiums in accordance with s.55 of the Workplace Safety and Insurance Act (the Act). The schedule is conclusive and final.

Board must pay for Medical Marijauna

In decision 2007/07 the Workplace Safety and Insurance Appeals Tribunal approved the worker's reimbursement for medical marijuana.

The Workplace Safety and Insurance Act specifically outlines in Section 33 (1):

"A worker who sustains an injury is entitled to such health care as may be
necessary, appropriate and sufficient as a result of the injury and is entitled to make the
initial choice of health professional for the purposes of this section. "

In his decision the Vice Chair of the Tribunal stated:

"In my view, that the Board’s decision to deny this particular aspect of the worker's
claim is based more on a general reluctance to consider marijuana as a legitimate alternative to
more traditional pharmaceuticals in the treatment of pain, than it is on any consideration of
whether this type of treatment might be of value to the worker."

In this case the worker was awarded a 30% Non economic Loss award for his low back injury. The medical evidence supported that the worker continued to have ongoing significant symptoms of pain in the back and lower extremity. All conventional forms of treatment were exhausted and ineffective.

Each case must be dealt with on its own merits and the Vice Chair noted that the wording of Section 33 is broad and provides the Board and the Tribunal with a significant discretion in determining the type of health care which may be necessary in a particular case. Equally broad discretion was noted in the Board's policy. The Board's policy lists types of health care benefits but also includes "such measures to improve the quality of life of severely impaired workers". While the policy does not define a "severely impaired worker", the Vice Chair placed significant weight on the fact that Health Canada approved access to marijuana.

The legislation governing Health Canada allows marijuana to be prescribed to individuals who suffer from " grave or debilitating illnesses, where conventional treatments are inappropriate or not providing adequate relief". After reviewing the medical information and the grounds for access to marijuana by Health Canada, the Vice Chair was satisfied that this worker can be described as “severely impaired” as a result of his compensable back injury. The request was not being made by the worker to support a habit but for pain relief.

The Vice Chair held that there was sufficient discretion in both the legislation and policy and granted the reimbursement for the cost of marijuana.

Another small but positive step for injured workers.