- Disablement (increased workload)
- Strains and sprains (hip)
The issue under appeal was initial entitlement for a left hip injury. The worker claimed that the disablement arose as a result of the assignment of COVID-19 sanitation duties, which required her to increase her walking and stair climbing.
The appeal was denied.It was reported that the worker was experiencing increasing left hip and buttock pain that started several weeks prior, and progressed rapidly, such that her ability to walk and perform ADLs was impaired. The worker was referred to a physiotherapy clinic for a low back strain injury with left hip strain/tendonitis. However, the Panel found that the criteria for initial entitlement had not been met. Specifically, the Panel was unable to find proof of accident.It was noted that the worker did not seek medical treatment prior to June of 2020 despite reporting a gradual onset disablement. In addition, the worker had been accommodated in the past when she had made a request related to difficulties with her cleaning tasks. However, the worker did not report to her employer any difficulties with completing the COVID-19 sanitation duties. It was noted that if she had, it was likely that she would have been accommodated. The Panel found that although the COVID-19 sanitation duties resulted in additional work, certain areas of the building were closed off because of the pandemic, and this would have reduced overall traffic and reduced cleaning needs for the other areas of the building. The Panel was also not led to evidence which specifically explained how the increased walking or stair climbing described by the worker as part of the sanitation protocol was a significant contributing factor to the claimed left hip injury.