Employer’s Challenge Denied – DRDRB Upholds Acceptance of Low Back Injury Claim

In this case, the employer disputed the acceptance of our client’s low back injury claim, arguing that no incident was reported during her employment, and attributing the injury to non-work-related causes. The employer asserted that the worker had been hired in a safety role and should not have been performing physically demanding tasks.

We successfully represented the worker during an in-person hearing before the Dispute Resolution and Decision Review Body (DRDRB) on June 11, 2024. We submitted medical records, job demand analyses, and multiple witness statements confirming that the worker was regularly performing heavy manual labour, including lifting a 90-pound wall saw above shoulder height.

The DRDRB found that the injury arose out of and occurred during the course of employment, applying the “but for” test and WCB’s “benefit of doubt” policy. The decision emphasized that our client’s heavy lifting duties—though not formally part of her safety role—were a necessary part of her job due to staffing shortages. The panel placed more weight on the treating physicians and orthopedic specialist than on the WCB medical consultant, concluding that “but for the heavy lifting, the injury would not have occurred.”

As of the June 25, 2024 decision date, the employer’s appeal was denied, and the acceptance of the claim was upheld in full.