- Disablement (repetitive work)
- Tear (meniscus) (lateral)
The issue to be determined in this appeal was whether the worker had initial entitlement for a left knee injury arising as a disablement injury from his duties as a cement truck driver.
The appeal was allowed.The worker's approximately 17 years of work as a cement truck driver involved a regular and fairly considerable use of the steps of the truck and the ladder on its side. The step that the worker would take when entering and exiting the truck was very high. This type of high step would have placed more mechanical force on the knee while it was in greater flexion than would be required for a standard stair. In addition, the truck entry maneuver also involved grabbing the truck handles to avoid the body swinging. Given the many repetitions of the maneuver, it was reasonable to infer that the attempt to avoid any lateral body swinging would not always be perfect. This resulted in degrees of twisting of the left knee while stepping up. The worker used steps and ladders frequently in a given work shift. Over the years, the worker's knees, in particular his left, were exposed to repetitive forces well beyond normal everyday activities, as well as some degree of twisting when entering/exiting the cab. The worker's duties were compatible with potentially causing a disablement type injury to his left knee over time, due to the degree of repetition and sub-optimal biomechanics involved in entering/exiting the truck.The worker's meniscal tear, though in all probability was made more likely due to the pre-existing degenerative changes, was due to the repetitive mechanical strain, in particular high stepping both up and down to get in and out of the truck cab, that was part of the worker's work duties. The Vice-Chair was persuaded that the work duties were a significant contributing factor in the worker's meniscal tear and resulting left knee symptoms.