Back Injury Suffered in Stuck Elevator Was Covered by Workers’ Comp

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On her way to take a break, a worker got trapped in an elevator for four hours, during which she either stood, crouched or sat on the floor. Afterwards, she started suffering back pain and was diagnosed with a herniated disc. Her workers’ comp claim was denied. But the Appeals Tribunal ruled that her injury was work-related. She was injured on the employer’s premises, during her shift and while making reasonable and appropriate use of the employer’s facilities, i.e., the elevator [20136736 (Re), [2013] CanLII 7328 (NB WHSCC), Feb. 11, 2013].