Teacher’s ongoing knee pain not from work accident: Tribunal

Hurt knee in classroom accident but examination reveals pre-existing osteoarthritis
|Canadian Employment Law Today

A teacher’s recurrent knee problems are not related to an incident at work where she fell on it, the Ontario Workplace Safety and Insurance Appeals Tribunal has ruled.

The worker was an occasional teacher who filled in during permanent teachers’ absences. On Oct. 28, 2004, she was working as a substitute teacher when she tried to stop a student from leaving the classroom. The student pulled her and she fell down onto her right knee.

A few days later, on Nov. 1, she saw her family doctor and had an x-ray taken and the radiologist saw indications of osteoarthritis. She didn’t see her doctor again until her annual physical six months later as she claimed the pain didn’t bother her as much in the winter because she didn’t go outside much. On Sept. 16, 2005, she filled out a claim form saying her knee pain was a result of the classroom incident.