The Appeal CommissionThe Workers Compensation Act of Manitoba

Background

In October 2005, the worker was hired by the employer as a lot manager. This position is essentially a “jack of all trades” type of job. It includes cleaning the lot, doing errands, taking out garbage, making coffee, changing light bulbs, cleaning bathrooms and floors. It also includes working with a variety of people.

The worker says that he worked independently but was given a daily task list by the company secretary. He also received orders from other staff but less frequently. Because he received most of his orders from the secretary, he was under the impression that she was his supervisor. He also thought the body shop manager was his supervisor as he was told by the company president when he was hired that he was part of the body shop.

The worker says that on January 30, 2006 he was on a ladder taking down a sign at the request of the company president when he lost his footing and fell 8 feet to the ground. He immediately experienced sharp pain in his lower to upper back and left side. He got up and put away the ladder. He then told the company president that he had taken the sign down. He did not tell him he fell off the ladder. When the pain continued, he told the body shop manager and the company secretary that he had fallen off the ladder and hurt his back. Both of them told him to take it easy and work as he could. Neither told him to fill out a green card and the worker did not ask for one. The worker explained at the hearing that although he knew that a green card should be filled out when an accident occurs at work, he never saw any on the company premises.

The worker remained at work until the end of his shift as he carpooled with a friend. The worker told his friend about the accident. His friend basically told him that everyone gets a sore back and to “suck it up”. The worker felt however unable to go to work the next day. He called the company secretary and told her that his back was sore and he could not come in to work. He tried to get an appointment with his doctor and chiropractor but neither could see him that day. On February 1, 2006 as he was feeling a bit better he decided to go to work. Unfortunately he was not able to do much. On February 2, 2006 he remained off work and called his doctor again who saw him that day.

The doctor sent a first report to the WCB on February 2, 2006. This report indicates that an accident occurred at work on January 30, 2006 causing trauma to the worker’s left ribs and soft tissue injury to his back. The reporting of a workplace accident is confirmed in a later report dated June 13, 2006. The worker was then referred to a physiotherapist who also filed a report with the WCB.

The company president has consistently disputed that an accident occurred at work. The main reason appears to be the lack of witnesses and the fact that the worker did not directly report the accident to him – the worker’s direct supervisor. He did concede that the worker told the company secretary about it although she denies this.

The worker’s co-workers have also denied any knowledge of an accident at work with the exception of one who first denied then changed his story. The worker’s friend also denied any direct knowledge of the accident. In fact, he categorically denied that the worker told him about it on the way home from work on January 30, 2006.

At the hearing the worker was asked why his friend would deny knowing about the accident. He maintained that he drove home with his friend on January 30, 2006 and told him that he had fallen off of a ladder at work and injured his back. The worker did not know why his friend would not support him other than that his friend had got him his job with the employer and did not like people who went on compensation. He added that he is no longer friends with him.