Can a slip and fall accident be considered a contributory cause of chronic pain syndrome?
Newfoundland and Labrador, Canada
The following excerpt is from Reid v. Joy, 1999 CanLII 19035 (NL CA):
There being no determination a measurable risk existed that the pre-existing degenerative back condition would progress to the stage of a chronic pain syndrome, the matter is resolved by simple application of the thin skull rule, As already stated, the pre-existing back condition may have been aggravated by the slip and fall accident, but the respondents must take the appellant as they find her. Athey v. Leonati stands for the position that if the respondent's negligence exacerbated the existing condition and caused it to manifest into a chronic pain syndrome, then the respondents are the cause of the chronic pain syndrome and therefore fully liable. I am still of the view however, that the medical evidence of the expert witnesses does not establish the slip and fall accident is in any way a contributory cause of the chronic pain syndrome.
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