View cases - Stewart McKelvey

[37] However, his back condition did not allow Mr. Pannu to return to work until January1995. At that time, Dr. Mackle recommended a gradual return to work schedule. Skeenacomplied with this request and started Mr. Pannu in the Second Cook position. Later that month,as Mr. Pannu was having difficulty with the Second Cook job and with Dr. Mackle’s agreement,Skeena retained Karen Skarpness, a physiotherapist, to evaluate Mr. Pannu’s abilities. Sheconcluded that the position could not be modified to suit Mr. Pannu’s physical limitations.Accordingly, Mr. Pannu stopped working as a Second Cook in mid-February.[38] In April 1995, Mr. Pannu successfully applied for long-term disability (“LTD”) benefits.Skeena stated that Mr. Pannu’s position was Recaust Operator on the LTD application form, as ithad not yet placed him in another position. Thus, Mr. Pannu’s claim succeeded on the basis thathe was disabled from that occupation. He was paid disability benefits based on a RecaustOperator’s rate of pay.[39] From February 1995 onwards and during the time that Mr. Pannu received LTD benefits,Skeena continued to search for a position that was consistent with Mr. Pannu’s inability to wearan SCBA and his back condition. Through the LTD insurer, Skeena arranged for Mr. Pannu totake a work-conditioning program with Coast Rehabilitation Services (“Coast”) and to try jobsin various areas of the mill.[40] In August 1995, after having worked with Mr. Pannu for several months, Coast reportedto Skeena that Mr. Pannu’s maximum attainable job level would be positions with a “light”rating. He could also perform work rated “sedentary.” “Light” rated positions may requirelifting up to 20 lbs. occasionally and frequent or constant lifting of up to 10 lbs.; they may alsoentail significant amounts of walking or standing. Sedentary positions only require occasionallifting of up to 10 lbs. Mr. Pannu was reported to have no tolerance for kneeling, stooping orcrouching; he was able to lift up to 15 lbs. occasionally and up to 8 lbs. frequently, with notolerance for medium or heavy lifting. He had no tolerance for carrying or climbing, but couldperform occasional walking including stairs and occasionally push or pull up to 40 lbs. with atrolley (Ex. 6, Tab 42).[41] When Mr. Pannu’s LTD benefits ran out in late 1996, after further medical evaluation ofsuitable positions, Skeena placed Mr. Pannu in a truck driver position.9