Decision #12/06 - Type: Workers Compensation
Preamble
An Appeal Panel hearing was held on January 10, 2006, at the worker’s request.Issue
Whether or not responsibility should be accepted for the cervical radiculopathy.Decision
That responsibility should be accepted for the cervical radiculopathy as a temporary aggravation of a pre-existing condition.Decision: Unanimous
Background
On June 2, 2005, the worker filed a claim with the Workers Compensation Board (WCB). She asserted that she had sustained a strain in her right forearm, resulting in swelling in her right wrist and right elbow, and numbness in her fingers. She attributed the injury to the repetitive motion required in her work as a registered nurse. She routinely administered drugs to patients with her right hand, which required her to maintain a hand grasp position while accessing ports to insert a needle in a patient’s chest. She used her right hand to apply pressure to the syringe and also to stab I.V. bags when starting I.V.’s for patients. New treatment chairs at work resulted in patients being positioned five inches higher than had previously been the case, which placed the worker in an awkward position for extended periods of time to administer medication.
The worker was diagnosed on June 1, 2005 as having a medial epicondylitis of the right arm and on July 5, 2005, a WCB medical advisor confirmed that the work duties described by the worker would be consistent with the development of medial epicondylitis. The worker was treated with physiotherapy and was advised by her treating physician to take four to six weeks off work.
In July, 2005, the worker began to experience dizziness and numbness in her face which extended into her right arm and hand. On July 20, 2005, the treating physician confirmed with the WCB adjudicator the worker’s tingling symptoms to the side of her face. He diagnosed her with cervical radiculopathy in the neck and referred the worker for a CT scan and a consultation with a neurologist. The worker continued to be treated for both conditions with physiotherapy.
On July 20, 2005, a WCB medical advisor provided the opinion that the worker’s described job duties would not contribute to the development of cervical radiculopathy. In a July 21, 2005 decision, the worker was advised that the WCB was accepting responsibility for time loss and treatment related to her right elbow condition but was denying responsibility for the problems with her neck.
On July 25, 2005, the worker appealed the above decision to Review Office. The worker contended that both her injuries were interrelated as the same nerve at C5 was responsible for her neck and arm pain.
On August 12, 2005, Review Office noted that the CT scan of July 21, 2005 showed ‘a relatively large central osteophyte at C5-6 causing an indentation on the adjacent dural sac and probably causing some compression on the adjacent cord as well.’ Accordingly Review Office concluded that the worker’s cervical radiculopathy was not related to her job duties. On September 22, 2005, the worker appealed that decision and an oral hearing was arranged.
Reasons
The worker acknowledged that the osteophyte identified in the CT scan of July 21, 2005 was a pre-existing condition that was in no way related to her employment. She asserted however that the repetitive nature of her job duties caused not only the medial epicondylitis in her right forearm, but also the cervical radiculopathy in her neck. The worker described to the Panel her daily work activities which required that she frequently maintain an awkward position, hunching over patients, and turning her neck to the right every ten to fifteen seconds to observe and ensure a proper flow of medication through an I.V, while constantly applying pressure to a syringe with her right hand.
The Panel was satisfied on a balance of probabilities that these job duties resulted in the worker sustaining a short term aggravation of the pre-existing condition. That conclusion is supported by the fact that her symptoms resolved after a course of physiotherapy and a change in the worker’s job. Accordingly, the WCB should accept responsibility for the cervical radiculopathy and the cost of any related medical treatment. Therefore, the worker’s appeal is allowed.
Panel Members
K. Dangerfield, Presiding OfficerA. Finkel, Commissioner
M. Day, Commissioner
Recording Secretary, B. Miller
K. Dangerfield - Presiding Officer
(on behalf of the panel)
Signed at Winnipeg this 1st day of February, 2006