- Frostbite
The issue under appeal was entitlement for frostbite and right toe sores claimed to have been sustained at work on January 29, 2021.
The appeal was allowed.OPM Document No. 15-03-09 "Weather Conditions, October 12, 2004" sets out the criteria to be followed: a) the worker was in the course of employment at the time of exposure, and, b) if there is no serious or willful misconduct on the part of the worker, the personal injury by accident will be considered to be one arising out of and in the course of employment. It was submitted that the criteria set out in OPM Document No. 15-03-09 were satisfied. It was also submitted that the onset of the worker's frostbite was temporal to her work activities on January 29, 2021, immediately reported to her employer, and medical attention was sought in a timely manner.The Vice-Chair found that the worker was in the course of her employment at the time of her exposure to a cold environment. The worker was an early childhood educator, and performing outdoor supervisory activities was part of the worker's work-related duties and responsibilities. Thus, the worker was in the course of her employment at the time of exposure to the elements. Additionally, there was no evidence that the worker was engaged in any serious or willful misconduct at the time of exposure. The worker was performing a regular, daily aspect of her duties and responsibilities.It was explained that the worker's lack of feeling/sensation in her feet due to her diabetic condition meant the worker would not have been aware of how the cold temperature was affecting her right foot/toes on the date of the injury. As noted in the Medical Discussion Paper, "Diabetic Complications of the Feet", peripheral neuropathy impairs the function of the nerves that provide sensation to the muscles in the feet. Most often, the sensory fibers of the nerves are affected resulting in the loss of preventative sensation to the foot, which can result in an episode of trauma to the foot going unnoticed.