Sean had been a bus driver for six years when, rather suddenly, he began having serious...

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Sean had been a bus driver for six years when, rather suddenly, he began having serious back and knee pain in April 2008. After seeing his doctor, he filed a claim for WSIB benefits because he believed his physical problems were related to his job. He argued that the jabbing pain in his lower back and pain and numbness in his knees stemmed from innumerable hours spent sitting while driving. These symptoms were compounded by his having to drive an older bus, which produced excessive vibration; the repeated pressure of holding the gas and brake pedals; and his having to drive along a route where there was considerable construction. Similarly, he believed the knee pain, for which he ended up having surgery, was caused in part by repeatedly hitting his knee on the fare box. The employee's physical problems deteriorated significantly after the driver went on disability leave and was no longer driving. a. What type of factors do you think the WSIB would consider relevant in deciding whether Sean's physical ailments arose "out of and in the course of" his employment, as required for Sean to receive benefits? b. Explain your answer. Sean had been a bus driver for six years when, rather suddenly, he began having serious back and knee pain in April 2008. After seeing his doctor, he filed a claim for WSIB benefits because he believed his physical problems were related to his job. He argued that the jabbing pain in his lower back and pain and numbness in his knees stemmed from innumerable hours spent sitting while driving. These symptoms were compounded by his having to drive an older bus, which produced excessive vibration; the repeated pressure of holding the gas and brake pedals; and his having to drive along a route where there was considerable construction. Similarly, he believed the knee pain, for which he ended up having surgery, was caused in part by repeatedly hitting his knee on the fare box. The employee's physical problems deteriorated significantly after the driver went on disability leave and was no longer driving. a. What type of factors do you think the WSIB would consider relevant in deciding whether Sean's physical ailments arose "out of and in the course of" his employment, as required for Sean to receive benefits? b. Explain your answer.

Answer rating: 100% (QA)

a The WSIB Workplace Safety and Insurance Board would consider various factors relevant in deciding whether Seans physical ailments arose out of and i... View the full answer