An Ontario worker is not entitled to disability benefits because her ailment was a degenerative aging condition and not aggravated by her job, according to the Ontario Workplace Safety and Insurance Appeals Tribunal.
The worker began working part-time at a bakery in 1992, moving to full time in 1998. About one year after starting the full-time job, she began feeling pain in her left heel.
Her doctor diagnosed plantar fasciitis, which is an inflammation of tissue on the bottom of the foot. She stopped working in April 2000 after unsuccessfully trying treatment and modified work. She had two surgeries over the next two years, returning to work each time only to leave due to continued foot pain.
The worker applied for disability benefits, claiming her condition was aggravated by being on her feet all day, standing on hard floors and lifting racks of bread and dough. Her employer disagreed, arguing plantar fasciitis is a normal degenerative condition and her job had little or no effect on it getting worse.
After taking leave the first time, the worker didn’t experience any more pain until she returned to work. Her doctor recommended modifying her work to involve more sitting. The employer was receptive to this but acknowledged it would be difficult to provide enough work for her to do while sitting down. Eventually, the pain she experienced at work became too great and she stopped working again.
The arbitrator thought it was significant the worker had not experienced any pain until she had been at her full time job for a year. She had been walking regularly at home and standing and lifting at work during that time with no pain. This went along with established medical opinion which generally considers plantar fasciitis a degenerative aging disease. It was likely once she began feeling pain, it would have worsened whether she was at work or not. None of the doctors who testified in the hearing could say for sure her job was any more of a factor than the fact the worker was overweight.
The arbitrator noted walking and standing, while they may contribute to the development of plantar fasciitis, “are normal aspects of daily living and, as such, they would not be considered to be a workplace injuring process.” The worker’s disability was ruled not to be a workplace-related condition and she was not entitled to disability benefits.
“Plantar fasciitis is a common condition that is likely associated with aging/degenerative changes,” the arbitrator said. “The evidence did not establish that there was a workplace injuring process that significantly contributed to the development of the worker’s plantar fasciitis.” See Ontario Workplace Safety and Insurance Appeals Tribunal Decision No. 1519/04, M. Kenny V-Chair.
Her doctor diagnosed plantar fasciitis, which is an inflammation of tissue on the bottom of the foot. She stopped working in April 2000 after unsuccessfully trying treatment and modified work. She had two surgeries over the next two years, returning to work each time only to leave due to continued foot pain.
The worker applied for disability benefits, claiming her condition was aggravated by being on her feet all day, standing on hard floors and lifting racks of bread and dough. Her employer disagreed, arguing plantar fasciitis is a normal degenerative condition and her job had little or no effect on it getting worse.
After taking leave the first time, the worker didn’t experience any more pain until she returned to work. Her doctor recommended modifying her work to involve more sitting. The employer was receptive to this but acknowledged it would be difficult to provide enough work for her to do while sitting down. Eventually, the pain she experienced at work became too great and she stopped working again.
The arbitrator thought it was significant the worker had not experienced any pain until she had been at her full time job for a year. She had been walking regularly at home and standing and lifting at work during that time with no pain. This went along with established medical opinion which generally considers plantar fasciitis a degenerative aging disease. It was likely once she began feeling pain, it would have worsened whether she was at work or not. None of the doctors who testified in the hearing could say for sure her job was any more of a factor than the fact the worker was overweight.
The arbitrator noted walking and standing, while they may contribute to the development of plantar fasciitis, “are normal aspects of daily living and, as such, they would not be considered to be a workplace injuring process.” The worker’s disability was ruled not to be a workplace-related condition and she was not entitled to disability benefits.
“Plantar fasciitis is a common condition that is likely associated with aging/degenerative changes,” the arbitrator said. “The evidence did not establish that there was a workplace injuring process that significantly contributed to the development of the worker’s plantar fasciitis.” See Ontario Workplace Safety and Insurance Appeals Tribunal Decision No. 1519/04, M. Kenny V-Chair.
