Worker can’t shoulder regular duties after injury

Claimed injury was still affecting but had been cleared for full duties by doctors
|Canadian Employment Law Today|Last Updated: 01/09/2013

This instalment of You Make the Call features an injured employee who claimed discrimination based on a disability.

Basant Brar was a dock worker for Damco Distribution Canada, an international warehouse and distribution company in Delta, B.C. Brar’s job involved offloading, sorting and redistributing boxes of merchandise for shipment.

On Sept. 4, 2009, Brar injured his left shoulder while loading boxes in the warehouse. He filed a claim with WorkSafeBC and had his physician complete a Damco form that outlined his level of fitness for work and functional limitations. Damco modified his duties and he didn’t have to miss any work.