- Disablement (increased workload)
- Disablement (working conditions) (workstation design)
- In the course of employment (working at home)
- Aggravation (preexisting condition) (disc, protruding)
The sole issue under appeal was initial entitlement to benefits for a low back injury, including an L4-5 disc protrusion, claimed to have been sustained at work on July 21, 2020.
The appeal was allowed.The worker stated that he started getting low back pain approximately 6 months after starting with the accident employer. Following an ergonomic assessment, the worker was provided with a sit/stand desk, a new monitor, and a new chair. In March 2020, the worker began working from home due to the COVID-19 pandemic. In so doing, the worker's workstation changed, the workload increased with additional files, and the worker began working up to 12 hours per day as opposed to 8 hours per day pre-pandemic. The worker's request to have his workstation from the office brought to his home, due to worsening pain, was denied by the employer.The worker had a degenerative condition in his lower back. The worker stated that this pre-existing medical condition was aggravated by the set-up of his home workstation. On July 21, 2020, the worker experienced a sudden onset of lower back pain and was diagnosed with a disc herniation. The Panel noted that the worker's prolonged static posture would have placed increased pressure on his lower back, as set out in the Medical Discussion Paper (MDP). The MDP supported the medical opinion that the worker's improper ergonomic set-up combined with longer hours sitting in front of a computer screen resulted in the aggravation of his pre-existing condition. An MRI showed a change to the worker's L4-L5 disc area after the workplace accident, as compared to his pre-accident state. The Panel accepted, on the balance of probabilities, that the worker's pre-existing condition was aggravated and worsened as a result of the improper ergonomic set-up of his home workstation from March 2020 through to the date of his gradual onset disablement on July 21, 2020. The injuring process was the nature of the work duties performed over the period of March 2020 to July 21, 2020. The worker's disablement of July 21, 2020 arose out of and in the course of his employment as required by OPM Document No. 15-02-01. The Panel was satisfied that the nature of the work duties performed from March 2020 to July 21, 2020 made a significant contribution to the L4-L5 disc herniation on an aggravation basis.