Truck driver protests modified duties after injury

You make the call
|Canadian Employment Law Today|Last Updated: 05/15/2019

This edition of You Make the Call features a truck driver who had medical limitations on the type of truck he could drive.

Terry Hoet was a truck driver for Prairie Pride Natural Foods, a poultry processing plant in Saskatoon. Previously, he worked with another food company boxing hams, which involved repetitive work and led to him developing tendonitis in both arms. However, when Hoet applied for his job with Prairie Pride in 2008, he indicated on his application that he had no previous injuries or medical conditions that would prevent him from completing his duties as a truck driver as nothing had been bothering him recently.

Prairie Pride used two types of trailers to haul poultry — a roll-up style with a ratchet crank that rolled and unrolled a tarpaulin and raised the operator’s arms as the tarp went higher, and a curtain trailer that had the tarpaulin slide on rollers from side to side with a ratchet at the bottom. In 2012, Hoet told his supervisor his tendonitis was aggravated by using the ratchet on the roll-up trailer, so he was accommodated by only driving curtain trailers, which he could operate without any problems.