Canada Post shoulders aside worker during medical evaluation

Corporation wanted information on medical restrictions before allowing worker back on limited duties
|Canadian Employment Law Today|Last Updated: 12/15/2011

Canada Post was entitled to remove a disabled Ontario employee from work until it received updated medical information it could use to accommodate her, the Ontario Arbitration Board has ruled.

Marlene Salmon was a part-time worker for Canada Post who injured her shoulder at work on May 25, 2006. She went on workers’ compensation benefits soon after. However, she was not completely disabled and was able to do limited duties, so Canada Post brought her back to work with light duties that accommodated her medical restrictions while she underwent physiotherapy.

Salmon’s regular duties involved machine feeding and sweeping all day. Her light duties involved a rotation of duties featuring 30 minutes on a machine, 30 minutes of sorting and 30 minutes of sweeping. This was following by a break and then she would start the rotation again until lunch. After lunch, she would spend the afternoon sorting, which didn’t aggravate her injury.