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Re: Schedule B Item 12 Bursitis and Item 13 Tendinitis, tenosynovitis
Pursuant to Section 82 of the Workers Compensation Act, RSBC 1996, Chapter 492 and amendments thereto (the "Act") the Panel of Administrators (the "Panel") must approve and superintend the policies and direction of the Workers Compensation Board (the "Board"), including policies respecting compensation, assessment, rehabilitation and occupational safety and health, and must review and approve the operating policies of the Board;
Pursuant to Section 6(4)(a) of the Act the Board may, on the terms and conditions and with the limitations which are deemed adequate and proper, amend Schedule B of the Act;
The Policy and Regulation Development Bureau has consulted with the Occupational Disease Advisory Committee on the need to amend Items 12 and 13 of Schedule B;
The Boards current policy dealing with compensation for "Bursitis" is provided in Section 27.12 of the Rehabilitation Services and Claims Manual;
The Boards current policy dealing with compensation for "Tendinitis, tenosynovitis" is provided in Section 27.11 of the Rehabilitation Services and Claims Manual;
DATED at Richmond, British Columbia, December 17, 1999.
| By the Workers' Compensation Board |
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| DON COTT, CHAIR PANEL OF ADMINISTRATORS |
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(Additions in Bold, Deletions in Strikethrough)
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| Description of Disease | Description or Process or Industry |
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| 12 Bursitis: |
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Where there is repeated jarring impact against, or where there are significant periods of kneeling on, the affected knee. |
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Where there is frequently repeated or sustained abduction or flexion of the shoulder joint greater than sixty degrees and where such activity represents a significant component of the employment. |
| 13 Tenosynovitis, tendinitis.. |
Where unaccustomed and repetitive use of the affected arm, hand, leg or foot is required.
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| 13 Tendinitis, tenosynovitis: | |
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Where there is use of the affected tendon(s) to perform a task or series of tasks that involves any two of the following:
and where such activity represents a significant component of the employment.
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Where there is frequently repeated or sustained abduction or flexion of the shoulder joint greater than sixty degrees and where such activity represents a significant component of the employment. |
(Additions in Bold, Deletions in Strikethrough)
#27.12 #27.11 Bursitis
The process or industry listed opposite to bursitis in Schedule B is "Where there is excessive friction, rubbing or pressure on the bursa involved".
Schedule B lists "Knee bursitis (inflammation of the prepatellar, suprapatellar, or superficial infrapatellar bursa)" and "Shoulder bursitis (inflammation of the subacromial or subdeltoid bursa)" as occupational diseases.
A bursa is a sac-like cavity lined with a slippery synovial tissue. It is typically found at a site of potential friction between tendons and muscles and a bony prominences lying beneath them. The primary purpose of the bursa is to reduce friction between the tissues. By virtue of its physiological anatomical proximity to less flexible anatomical structures, a bursa can become inflamed if it is subjected to excessive friction, rubbing or pressure.
Bursae are found in the wrist, elbow, shoulder, hip, knee and ankle. Bursitis is inflammation of a bursa. It is most commonly found in the knee involving the prepatellar or superficial infrapatellar bursa. Bursitis involving the knee has been referred to as "carpet layers knee". Bursitis may also be caused by general inflammatory diseases (such as rheumatoid arthritis) or by bacterial infections typically following a puncture wound.
Friction, rubbing, or pressure on a bursa if of infrequent occurrence or of moderate magnitude is less likely to be harmful.
Use of the word "excessive" indicates that the amount of friction, rubbing or pressure on the bursa must be significantly more than what is normal with respect to that bursa. If there is evidence of something physically pressing on or rubbing against the inflamed bursa which is considered excessive, the requirements of the second column of Schedule B will be met.
A claim for bursitis attributed to a sudden trauma to the knee (such as kneeling on a protruding object), to a sudden trauma to the shoulder, or for an infection of the bursa due to a penetrating wound, will be treated as an injury and will be adjudicated in accordance with the policies set out in Chapter 3. A claim made by a worker diagnosed with bursitis where no specific trauma or penetrating wound has occurred, will be treated as a disease and will be adjudicated in accordance with the policies set out in Chapter 4.
The following guiding principles apply when interpreting terms in Schedule B in connection with shoulder bursitis (Schedule B item 12(b)) and shoulder tendinitis (Schedule B item 13(b) also see #27.12).
Frequently repeated abduction or flexion of the shoulder joint
In determining whether a particular work task involves "frequently repeated abduction or flexion of the shoulder joint" consideration is given to such matters as:
Generally, tasks that are considered to involve "frequently repeated abduction or flexion of the shoulder joint" include:
Whether tasks that involve lower work cycle frequencies or greater periods of rest and recovery time than referred to above involve "frequently repeated abduction or flexion of the shoulder joint", will require the exercise of judgment based on the circumstances of the individual claim.
Sustained abduction or flexion of the shoulder joint
"Sustained abduction or flexion of the shoulder joint" means that the shoulder joint is held in a static position of abduction or flexion greater than sixty degrees. The greatest pressure is placed on the shoulder bursa when there is between 60 and 120 degrees of abduction or flexion (0 degrees being when the arm is straight down by the side of the torso). The longer the shoulder joint is held in such a static position during the work cycle, and the less time the affected muscle/tendon groups of the shoulder have to return to a relaxed or resting state, the more one is able to conclude that the work involves "sustained abduction or flexion of the shoulder joint". Conversely, the less time the shoulder joint is held in such a static position during the work cycle, and the more time that the affected muscle/tendon groups of the shoulder have to return to a relaxed or resting state, the less one is able to conclude that the work involves "sustained abduction or flexion of the shoulder joint".
Significant component of the employment
Use in Schedule B items 12(b) and 13(b) of the words "where such activity represents a significant component of the employment" means that the worker has been performing work activities involving the described use of the shoulder joint for sufficiently long that it is biologically plausible that the inflammation affecting the shoulder has resulted from the work activities. Employment activities that have involved minimal or trivial use of the shoulder joint do not amount to "a significant component of the employment".
For claims that do not meet the descriptions contained in items 12(a), 12(b) or 13(b) of Schedule B, see #27.20.
(Additions in Bold, Deletions in Strikethrough)
#27.11 Tenosynovitis and Tendinitis
#27.12 Tendinitis and Tenosynovitis
The process or industry listed opposite to tenosynovitis and tendinitis in Schedule B is "Where unaccustomed and repetitive use of the affected arm, hand, leg or foot is required". If a worker diagnosed with either condition was at or immediately before being disabled thereby employed in work that involved unaccustomed and repetitive use of the extremity affected, the condition is deemed to have been due to the employment unless the contrary is proved.
Schedule B lists "Hand-wrist tendinitis, tenosynovitis (including deQuervains tenosynovitis)" and "Shoulder tendinitis" as occupational diseases.
The performance of work often involves positioning and exerting the upper extremities in order to carry out tasks. Tendons carry much of the strain in the performance of certain types of work. If the strain on the tendon is large enough or lasts long enough (resulting in insufficient recovery time), the tendinous tissue may be damaged, leading to an inflammatory response in the tendon or extending to the tendon sheath.
It is recognized that Inflammation of a tendon (tendinitis) and of its synovial sheath (tenosynovitis) may occur at the same time.
Common sites for these inflammations include:
The terms "unaccustomed" and "repetitive" are undefined terms that require the exercise of judgment in the circumstances of each claim.
"Unaccustomed" means not accustomed, not customary, unusual. To exercise judgment about whether a particular work task is unaccustomed, consideration is given to such matters as:
A worker who is new to a particular work task will normally be considered unaccustomed to the work. The longer the worker has been doing the same work task or tasks without interruption, the less likely one is able to conclude the work is unaccustomed. A worker does not generally become unaccustomed to a particular work task due to short absences from that work. The longer the absence, the more likely one is able to conclude the work has become unaccustomed.
Hand-wrist tendinitis/tenosynovitis and shoulder tendinitis may result from sudden strain placed on the tendons (such as where the tendon is suddenly contracted or stretched with sufficient force to cause immediate damage). Such a claim will be treated as an injury and will be adjudicated in accordance with the policies set out in Chapter 3. A claim made by a worker diagnosed with hand-wrist tendinitis/tenosynovitis or with shoulder tendinitis where no specific event or trauma, or series of events or traumas, has occurred, will be treated as a disease and will be adjudicated in accordance with the policies set out in Chapter 4.
Hand-wrist tendinitis or tenosynovitis
The following guiding principles apply when interpreting terms in Schedule B in connection with hand-wrist tendinitis/tenosynovitis (Schedule B item 13(a)).
Frequently repeated
"Repetitive" means characterized by repetition, the act of being repeated. It refers to the same work elements being repeated many times. It means the cyclical use of the same body tissues either as a repeated motion or a repeated muscular effort without movement.
To exercise judgment about whether a particular work task is repetitive, consideration is given to such matters as:
In determining whether a particular work task involves "frequently repeated" motions or muscle contractions, consideration is given to such matters as:
There is little doubt that a worker who is performing in robotic fashion the same motions or muscular activities again and again without interruption or rest between is performing repetitive work. The lower the frequency of the repeated motion and the more varied the work motions required to do the job, the less likely one is able to conclude that the work is repetitive.
The unaccustomed and repetitive activity must involve utilization of the affected tendinous tissue in order to meet the requirements of the second column of Schedule B.
A worker who is performing the same work task(s) again and again without interruption or rest between, is likely required to perform "frequently repeated motions or muscle contractions".
Generally, tasks (that place strain on the affected tendon(s)) that are considered to involve "frequently repeated motions or muscle contractions" include:
Whether tasks that involve lower work cycle frequencies or greater periods of rest and recovery time than referred to above involve "frequently repeated motions or muscle contractions", will require the exercise of judgment based on the circumstances of the individual claim.
Significant flexion, extension, ulnar deviation or radial deviation
"Significant flexion, extension, ulnar deviation or radial deviation of the affected hand or wrist" means:
Forceful exertion
"Forceful exertion" of the muscles utilized in handling or moving tools or other objects means that the muscles and tendons which are used are loaded to a significant proportion of the maximum mechanical limit of those tissues. This limit will vary depending on factors such as the size, strength, and fitness level of the individual performing the work.
In determining whether the worker has been engaged in "forceful exertion of the muscles utilized", consideration is given to such matters as:
Other evidence may be relevant to determining whether there was "forceful exertion" in the circumstances of the individual claim.
Significant component of the employment
Use in Schedule B item 13(a) of the words "where such activity represents a significant component of the employment" means that the worker has been exposed to the processes described in paragraphs (1), (2), and/or (3) of item 13(a) for sufficiently long that it is biologically plausible that the hand-wrist tendinitis/tenosynovitis has resulted from the work activities. Employment activities that have involved minimal or trivial use of the hand-wrist as described in item 13(a) do not amount to "a significant component of the employment".
For claims that do not meet the descriptions contained in item 13(a) of Schedule B, see #27.20.
Shoulder tendinitis
The policies set out in #27.11 dealing with interpreting the terms "frequently repeated abduction or flexion of the shoulder joint", "sustained abduction or flexion of the shoulder joint", and "significant component of the employment" apply in interpreting those terms used in Schedule B item 13(b).
(Additions in Bold, Deletions in Strikethrough)
#27.10 ASTDs Recognized by Inclusion in Schedule B
Four such ASTDs are recognized as occupational diseases by inclusion in Schedule B; namely tenosynovitis, tendinitis (#27.11), bursitis (#27.12), (#27.11), tendinitis, tenosynovitis (#27.12), and hand-arm vibration syndrome (#27.13).
(Additions in Bold, Deletions in Strikethrough)
#27.20 Worker with Schedule B Disease Not Employed in Described Process or Industry
#27.20 Tendinitis/Tenosynovitis and Bursitis Claims Where No
Presumption Applies
This Section deals with claims where the worker has tendinitis/tenosynovitis or bursitis, but was not at the relevant time "employed in a process or industry mentioned in the second column of Schedule B".
A claim for compensation will be accepted for a worker who suffers from a disease designated or recognized by the Board as an occupational disease which the evidence establishes as having resulted from employment covered by the Act. Where a worker suffers from an occupational disease listed in Schedule B but was not employed in the process or industry described opposite to the disease in the second column of Schedule B, that simply means that there is no presumption of work causation. In that event, the Adjudicator must still determine on the evidence whether the disease was due to the nature of the employment under Section 6(1) of the Act. (see #26.22).
The requirements of the second column of Schedule B are not preconditions or limitations to the acceptance of a claim. There may be other evidence supporting the conclusion that the disease is due to the nature of the workers employment. It also follows that the requirements of the second column of Schedule B are not the only matters to be considered for that disease in the adjudication of the claim. It is only where the presumption applies that it may be unnecessary to consider such other matters because work causation will already have been established. Additionally there may be situations where the nature of the work activity is such as would ordinarily raise a likelihood of work causation, but there exists other evidence, which suggests a contrary conclusion. For example, both wrists may be affected by the same condition but the worker only ever used one wrist in performing the work, or the worker may be suffering from an underlying disease which itself is capable of producing the condition for which the claim is made (such as rheumatoid arthritis producing a wrist tendinitis). The decision in such a case can only be a judgement one makes by weighing the evidence for and against work causation. An assessment of risk factors related to the employment will normally be the most important consideration in these types of claims. However, this is not the only consideration. Non-occupational risk factors may exist relative to the claim, which tend to refute the conclusion which might ordinarily be suggested by an assessment of the work activity. For a discussion of risk factors see #27.40.
There are cases where a strong likelihood of work causation will exist for workers diagnosed with tenosynovitis or tendinitis who are not employed in work that involves both unaccustomed and repetitive use of the affected arm or hand, and for workers diagnosed with bursitis who are not employed in work that involves excessive friction, rubbing or pressure on the bursa involved.
Where the worker is performing repetitive work that is reasonably capable of stressing the inflamed tissues for which the claim is being made, and there is an absence of evidence suggesting a non-occupational cause for the workers condition, the claim will normally be accepted:
There will be other situations where the nature of the work activity is such as would ordinarily raise a likelihood of work causation, but there exists other evidence which suggests a contrary conclusion. For example, both arms may be affected simultaneously even though the work activity in question only affected one arm, or the worker may have an underlying condition which is known to produce the condition for which the claim is made (for example rheumatoid arthritis in a worker with tendinitis), or there may be evidence of activities outside of work that could have caused the condition. The decision is such a case can only be a judgment one makes by weighing the evidence for and against work causation. The nature of the work activity will normally be the most important consideration in these types of claims. However, it is not the only consideration. Other risk factors may exist relative to the claim which tend to support or refute the conclusion which might ordinarily be suggested by the work activity. For a discussion of risk factors see #27.40.
In the investigation of a claim for tendinitis/tenosynovitis or bursitis (in circumstances where no presumption applies) it is incumbent on the Adjudicator to seek out evidence of both occupational and non-occupational exposure to risk factors relevant to the causation of the disorder (see #26.21 regarding the approach when a presumption applies). Non-occupational exposures may be present as a result of participating in sports, hobbies, or certain ordinary activities of daily living. The compensability of such a claim depends on whether or not the employment activities (the occupational exposure to risk factors) played a significant role in producing the inflammatory disorder. The occupational exposure need not be the sole or even the predominant cause; it simply needs to have been a significant cause.
Although the risk of developing tendinitis/tenosynovitis or bursitis may be significantly greater where, in the performance of work tasks, two or more risk factors are present at the same time, these inflammatory disorders may result from a particularly frequent, intense or prolonged exposure to a single risk factor. Even though work causation may not be established by virtue of applying the presumption set out in Section 6(3) of the Act, the Adjudicator may conclude that exposure to a single risk factor (whether described in the second column of Schedule B or not) played a significant role in producing the tendinitis/tenosynovitis or bursitis, and that accordingly the claim meets the requirements of Section 6(1) of the Act.
In assessing whether or not a tendinitis/tenosynovitis or bursitis condition is due to the nature of a workers employment, in circumstances where there is evidence of both occupational and non-occupational exposure to risk factors (relevant to the causation of these inflammatory disorders), consideration is given to such matters as:
(Additions in Bold, Deletions in Strikethrough)
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Description of Disease
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Description of Process or Industry | |
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| 12 Bursitis: |
Where there is excessive friction, rubbing or pressure on the bursa involved.
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| 13 Tenosynovitis, tendinitis.. | Where unaccustomed and repetitive use of the affected arm, hand, leg or foot is required. | |
| 12 Bursitis: | ||
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Where there is repeated jarring impact against, or where there are significant periods of kneeling on, the affected knee. | |
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Where there is frequently repeated or sustained abduction or flexion of the shoulder joint greater than sixty degrees and where such activity represents a significant component of the employment. | |
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| 13 Tendinitis, tenosynovitis: | ||
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Where there is use of the affected tendon(s) to
perform a task or series of tasks that involves any two of the following:
Where there is use of the affected tendon(s) to perform a task or series of tasks that involves any two of the following:
and where such activity represents a significant component of the employment. |
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Where there is frequently repeated or sustained abduction or flexion of the shoulder joint greater than sixty degrees and where such activity represents a significant component of the employment. | |