3rd Documented Work Accident & Injurries
Entire Back, Neck & Head
February 6, 1997
This part of my story, for my work accident of February 6, 1997, where the period is starting from January 1998 onwards.
Change from WCB to WSIB
On January 1, 1998 the Ontario Workers Compensation Board – WCB, was renamed as the Workplace Safety & Insurance Board – WSIB. This was from enactment of law, the Workplace Safety & Insurance Act R.S.O. 1997. The law also changed the Tribunal form the Workers Compensation Tribunal to the Workplace Safety & Insurance Appeals Tribunal – WSIAT.
Still after more than twenty years now, I have wondered why the name change. Both names serve the same purpose, but the difference was that there was a great cost in changing all the building signs, letterhead, business cards and forms to say WSIB and of course the WSIAT was changed as well.
Who paid for this?
I believe it was injured workers through the forthcoming massive cuts to benefits.
Activities from January 1, 1998 until WSIB Appeal Decision April 28, 1998
My Doctor Notes - January 20, 1998:
In my Doctor’s clinical notes, he states he spoke with Mr. Baird of the WSIB. My doctor states in his notes that the WSIB has denied my claim for benefits and I have no ongoing support except through welfare. He also sates he will make referral to Dr. Nguyen, referral to OHIP funded physiotherapy, and referral to Peel Career assessment. He also mentioned x-rays were to be done on the lumbar spine region.
My Doctor’s Notes – February 11, 1998:
On February 11, 1998 I visited my doctor. My doctor examined me and noted in his notes increase back and neck pain. He also noted decreased range of motion.
My doctor mentioned a referral to Peel Career Assessment as well as specialist (Dr. Nguyen).
My Doctor’s Notes – February 18, 1998:
On February 18, 1998 my doctor noted in his notes that the appointment for the specialist was booked for February 24, 1998 at 12:30 and I was notified by his office.
Specialist Exam – February 24, 1998:
Prior to visiting the specialist, I had x-rays done on January 20, 1998, of my lower back.
My lower back was the area which caused me the greatest problems and it was the focus of my doctor and the specialist. The pain in my mid back, upback and neck would only happen now and again depending what I was doing.
On February 24, 1998, I was examined by a specialist, Dr. Nguyen. He examined me and asked where it hurt. I explained to him the worst area was my lower back. Anytime I stand for long periods the pain becomes unbearable. I also told him depending on what activities I am doing I am doing the rest of my back will hurt as well. This was the same with my neck and head. I also suffered from numbness and tingling. He examined me and prepared the following report to my doctor.
Dr. Nguyen states in his report that physiotherapy has not really helped me as I have plateaued.
In medical terms plateaued means I will not get any better I have suffered a permanent injury.
Dr. Nguyen stated that forward flexion would make the pain in my lower back worse. Dr. Nguyen mentioned I had slight “retrolisthesis”.
When I researched this term it means disc slippage, which likely means that the disc was damaged during the accident of Feb. 6/97. Dr. Nguyen stated I suffered from mechanical back pain. After the examination I spoke to the specialist and he explained to me that I had in fact suffered a permanent injury and I will not get any better. He explained the best thing to do was avoid any kind of work to exacerbate the injury.
My Doctor’s Notes – March 11, 1998:
On March 11, 1998 my doctor noted in his notes that he stated that I continue with my WSIB appeal. He also stated he examined me and found that back and neck still painful, with tender lower back. He also mentioned that I was attending physiotherapy at Huron Physiotherapy. He also stated I was attending Peel Career Assessment. He also notes he advised me to return in four to six weeks.
My Doctor’s Notes – March 27, 1998:
On March 27, 1998 my doctor noted in his notes that he examined me and found that there was back and neck pain. The pain was noticed more in the upper back and low back regions. He also explained that the ROM (Range of motion) was unchanged – meaning has not improved in anyway.
WSIB Appeal – The WSIB is forced to reverse its position – April 24, 1998
Click here to see the specifics about the appeal, which has been setup on a separate page.
As mentioned in the WSIB appeal section of my story, I had won my appeal and the WSIB appeals branch granted entitlement to a recurrence, as they claimed. This was based on:
- The medical reports from my doctor which showed my present problems were the result of my Feb. 6/97
- I had provided documented proof that my employer lied. I did have ongoing complaints.
- I was in a job that could aggravate a back injury and I submitted evidence proving I had ongoing complaints.
My Doctor’s Notes – May 8, 1998:
On May 8, 1998 my doctor noted in his notes that he examined me and found that my back pain was increased and upon examination was increased tenderness. He also noted decreased neck ROM. He also noted flexion and extension examination as well as SLR (Straight leg test). Notes motor sensory and reflexes worse. He also notes that I informed him that I received a letter from the WSIB dated April 28, 1998 agreeing to my WSIB claim. He also notes that return to physiotherapy and I need WSIB retraining.
My doctor explained to me that if the WSIB approved my claim I would likely get much need physiotherapy to help me mange. He would be also recommending that I be retrained in something else as driving a truck was not appropriate for someone with a back injury, with the long periods of sitting.
My Doctor’s Notes – June 23, 1998:
On June 23, 1998 my doctor noted in his notes that he examined me and found that my ROM in my back and neck still unchanged. He stated I informed him I cannot still get a clear answer form the WSIB. He states in his notes that I needed a regional evaluation assessment.
This is what the WSIB requires whenever anyone has been considered for a permanent impairment. Ironically the WSIB has a policy which states the assessment shall only be done within one year of accident date. This was a year and a half. In other words, my permanent injury should have been automatically granted, but the WSIB was determined to make sure I would not be given a permanent injury. My doctor also stated in his notes that I needed retraining and physiotherapy.
My Doctor’s Notes – June 29, 1998:
On June 29, 1998 my doctor noted in his notes that he spoke to the WSIB a Fern Figueredo. He said that she told him that she dictated a letter to him that day. My case with the WSIB will be reviewed after she received his response to her letter to him. He suggested to Ms. Figueredo that I needed an assessment at the regional evaluation centre, and he stated that she agreed to it.
I am still working on this page, so please check back later!
I just want to again reiterate that I am telling my story, not to elicit sympathy, but instead for two reasons:
1. To let people, know that all is not fine with the WCBs, and
2. To encourage other injured workers to also tell their story!