L. Cirillo

The employer objected to the WSIB's decision granting the worker initial entitlement for a left-hand injury and psychotraumatic disability.

The worker suffered a partial hand amputation while using a table saw at work.

The employer argued the worker was engaged in an unauthorized personal project, removing themselves from the course of employment.

The Appeals Resolution Officer found that the worker's actions did amount to serious and wilful misconduct, as they were cutting wood for a personal project.

However, because the injury resulted in a serious impairment (partial amputation), entitlement was preserved under s. 17 of the Workplace Safety and Insurance Act.

The Officer also upheld entitlement for psychotraumatic disability, finding the worker's PTSD and Adjustment Disorder were a direct result of the traumatic physical injury and extended disablement.

The employer's objection was denied.

The employer appealed a decision denying initial WSIB entitlement for a volunteer firefighter who suffered a fatal cardiac arrest while responding to a water rescue.

The worker collapsed after running down a steep embankment and across a sandy beach in full gear.

The Appeals Resolution Officer found that while the worker had pre-existing risk factors for heart disease, the physical exertion required during the rescue was unusual for the worker.

Applying WSIB Operational Policy 15-03-10, the officer concluded the unusual physical exertion caused the acute cardiac condition without significant delay.

The employer's objection was allowed and initial entitlement was granted.

The worker appealed a Case Manager's decision denying initial entitlement for vertigo.

The worker alleged that operating an OP machine, which required looking up and down, caused her to develop dizziness and nausea, later diagnosed as benign paroxysmal positional vertigo (BPPV).

The Appeals Resolution Officer found that the condition was not a chance event and did not arise out of the worker's employment, noting that BPPV is typically caused by head trauma or prolonged positioning on the back, neither of which occurred at work.

The appeal was dismissed.

The worker, a project superintendent at a mine, suffered an acute myocardial infarction at work following two highly stressful and confrontational meetings where he was blamed for production delays outside his control.

The WSIB initially denied entitlement, finding no unusual physical exertion or acute emotional stress.

On appeal, the Appeals Resolution Officer found the worker's testimony credible and accepted the independent medical opinion of a cardiologist that the acute emotional stress of the meetings played a causative role in the cardiac event.

The appeal was allowed, and initial entitlement for the heart condition was granted.

The worker appealed a decision denying initial entitlement for chronic idiopathic axonal sensory neuropathy, which he claimed resulted from occupational exposure to solvents and heavy metals during his employment as a gas station attendant and miner.

The Appeals Resolution Officer reviewed medical and occupational hygiene evidence, including conflicting medical opinions on causation.

The Officer preferred the opinions of the WSIB's medical consultants, finding that the worker's exposure levels and the latency period between exposure and symptom onset did not support a toxic neuropathy diagnosis.

The appeal was denied, as the evidence did not establish that workplace exposures significantly contributed to the condition.

The worker appealed a Case Manager's decision denying entitlement to psychotraumatic disability following a workplace accident where he sustained a severe genital injury from a pry bar.

The worker sought coverage for psychological treatment, claiming he developed PTSD and Major Depressive Disorder (MDD) as a direct result of the traumatic event.

The Appeals Resolution Officer found the worker's testimony credible and accepted the psychological evidence that the worker's mental health conditions were a direct emotional reaction to the accident and injury.

The appeal was allowed, granting entitlement for psychotraumatic disability in the form of PTSD and MDD, with the level and duration of benefits left to the operating area.

The worker, an owner/operator of the employer, appealed an adjudicator's decision denying initial entitlement for an inhalational injury allegedly caused by exposure to diesel fumes from workplace heaters.

The Appeals Resolution Officer dismissed the appeal, finding no objective medical evidence of a personal work-related injury.

Medical reporting indicated only subjective symptoms, such as a cough, with normal physical examinations and x-rays, failing to establish a diagnosis compatible with the workplace exposure.

The estate of a deceased worker appealed a decision denying entitlement for colon cancer allegedly caused by workplace exposures to methyl ethyl ketone (MEK), creosote (PCBs), and ammonia.

The Appeals Resolution Officer found that, based on the Occupational Medical Consultant's review and the International Agency for Research on Cancer (IARC) classifications, there was no epidemiological link between the claimed agents and the development of colon cancer.

The appeal was dismissed.

The worker appealed an adjudicator's decision denying initial entitlement for lung cancer claimed to be related to occupational exposures in the manufacturing industry and as a volunteer firefighter.

The Appeals Resolution Officer found that while the worker did not meet the presumptive criteria for firefighters due to their smoking history, the claim succeeded on its individual merits.

The evidence established that the worker's routine exposure to various known carcinogens, including asbestos, silica, and heavy metals, over a 40-year period was a significant contributing factor to the development of their lung cancer, alongside their smoking history.

The appeal was allowed.

The worker, a roofer, suffered a heart attack at work and claimed it was caused by unusual physical exertion and acute emotional stress from dealing with inexperienced trainees.

The WSIB denied initial entitlement.

The Appeals Resolution Officer upheld the denial, finding that the worker's physical exertion and emotional reaction were consistent with their usual job duties and did not constitute unusual physical exertion or acute emotional stress under WSIB policy.

The worker also had pre-existing risk factors for heart disease.

The heart condition was found not to have arisen out of employment.

The worker, an electrician, suffered a fatal cardiac arrest shortly after arriving at a job site during an extreme cold weather alert.

The worker's estate sought initial entitlement, arguing the cardiac event was caused by work duties and the extreme cold, and relied on the statutory presumption under s. 13(2) of the WSIA.

The Appeals Resolution Officer denied the appeal, finding no evidence of unusual physical exertion or acute emotional stress.

The medical evidence indicated the worker had significant pre-existing coronary artery disease and had been experiencing symptoms prior to the incident.

The Officer concluded the heart condition did not arise out of employment.

The worker, a counsellor at a long-term care home, appealed the denial of initial entitlement for COVID-19.

The worker claimed they contracted the virus at work during an outbreak in April 2020, despite testing negative on two PCR tests.

The Appeals Resolution Officer found that while the worker's employment created an elevated risk of exposure, there was no medical evidence confirming a COVID-19 diagnosis.

The worker's symptoms and negative tests did not satisfy the adjudicative criteria for a confirmed condition.

The appeal was dismissed.

The worker appealed a Case Manager's decision denying a Permanent Disability (PD) reassessment for a lower back injury sustained in 1978.

The worker had previously been awarded a 25% PD.

Following a 2021 surgery to excise a work-related hematoma, the worker argued their condition had significantly deteriorated, citing post-surgical complications and decreased functional abilities.

The Appeals Resolution Officer denied the appeal, finding that medical reporting indicated the surgical site had healed well and that ongoing back pain was related to underlying arthritic changes rather than a permanent deterioration of the accepted work-related condition.

The worker appealed a decision denying initial entitlement for Noise Induced Hearing Loss (NIHL) related to their employment as a sewing machine operator.

The worker had sufficient noise exposure, but the audiogram closest to their retirement showed hearing loss values below the required 22.5 dB threshold in each ear.

Furthermore, the WSIB Audiologist concluded the hearing loss pattern was not consistent with noise-induced sensorineural hearing loss.

The Appeals Resolution Officer found the worker did not meet the eligibility criteria and denied the appeal.

The estate of a deceased firefighter appealed the denial of initial entitlement for Chronic Myelomonocytic Leukemia (CMML), arguing the disease was caused by cumulative workplace exposures to carcinogens over a 32-year career.

The Appeals Resolution Officer found that CMML is not a prescribed cancer under the presumptive legislation for firefighters.

Relying on the WSIB Occupational Medical Consultant's review of peer-reviewed literature, the Officer concluded that CMML is not recognized as an occupational cancer and is not associated with firefighting exposures.

The appeal was denied.

The worker, a former flight attendant, appealed a decision denying initial entitlement for Noise Induced Hearing Loss (NIHL).

The worker claimed exposure to excessive noise for 38 years.

The Appeals Resolution Officer found that while the worker met the basic eligibility criteria for noise exposure (at least 88 dBA for 38 years), their hearing loss values did not meet the basic eligibility criteria for entitlement.

Operational policy requires a hearing loss of at least 22.5 dB in each ear, but the worker's left ear hearing loss was only 21.25 dB.

The appeal was dismissed.

The worker's estate appealed a WSIB adjudicator's decision denying initial entitlement for a fatal accident.

The worker, who co-owned a construction company in a partnership with his wife, was fatally injured while felling a tree on a property they had purchased.

The WSIB initially ruled the worker was performing a personal task.

The Appeals Resolution Officer found that the property was purchased as a business endeavor to develop townhomes, and the tree clearing was part of that business purpose.

Applying the five-point check system and the statutory presumption under s. 13(2) of the WSIA, the Officer concluded the worker was in the course of his employment at the time of his death.

The appeal was allowed and initial entitlement granted.

The worker, a partner in a construction business, suffered fatal injuries while clearing trees on a property purchased by the partnership for a townhouse development.

The WSIB initially denied entitlement, concluding the worker was performing a personal task on his own property.

The estate objected.

The Appeals Resolution Officer allowed the appeal, finding that the property was purchased for a business endeavor and the tree clearing was performed in the course of employment.

The presumption under s. 13(2) of the WSIA applied, and initial entitlement was granted.

The worker appealed the denial of initial entitlement for squamous cell carcinoma of the tongue, arguing it was caused by occupational exposure to coal tar and other toxins during his 40-year employment.

The Appeals Resolution Officer found that the worker's diagnosis fell within the definition of 'epitheliomatous cancer' under Schedule 3 of the Workplace Safety and Insurance Act.

Because the worker was exposed to coal tar, a listed process, the statutory presumption applied.

The presumption was not rebutted by the worker's smoking history, as no treating practitioner attributed the cancer to smoking.

The appeal was allowed and initial entitlement granted.

The worker appealed decisions granting a 20% Non-Economic Loss (NEL) award for Chronic Pain Disability (CPD) and reducing his Loss of Earning (LOE) benefits based on a finding that he was uncooperative in a Work-Transition assessment.

The Appeals Resolution Officer found that the worker's presentation, which had been interpreted by some assessors as malingering, was culturally based and consistent with his CPD and lack of education.

The Officer increased the NEL award to 35% to reflect a mid-range Class 3 impairment and concluded that the worker was unemployable, restoring full LOE benefits to age 65.