With respect, although powdery snow would be lighter in weight (according to the worker’s testimony), using the test in Faryna v. Chorny, I still find it unlikely that a physician would instruct a patient who described constant back pain sufficient to make it difficult to get out of bed and to cause the patient to cry at the office visit to shovel snow. I think an informed person would agree that shovelling snow is generally considered to be a strenuous activity, and involves bending and, depending upon the type of shovel, can often involve awkward lifting or pushing. This notion is simply not in harmony with the probabilities a practical and informed person would readily recognize as reasonable advice for a patient with ongoing back pain and related functional difficulties.
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