Dr. B. McGoveran

The worker appealed a decision denying entitlement to benefits for Asthma-Chronic Obstructive Pulmonary Disease Overlap Syndrome (ACOS).

The worker had a 28-year history of working in a plastics factory with exposure to dust, fumes, and chemicals, alongside a significant smoking history.

While initial WSIB hygiene assessments found exposures below the threshold for COPD, a subsequent Occupational Medical Consultant opinion concluded that occupational exposures could not be ruled out as a material contributor to the ACOS diagnosis.

The Appeals Resolution Officer allowed the appeal, finding that the workplace exposures made a material contribution to the development and progression of the worker's ACOS.

The defendant brought a motion seeking an order for the plaintiff to attend an independent medical examination (IME) with a physiatrist specializing in amputations.

The plaintiff, who had sustained a leg amputation, opposed the motion, arguing that their condition had not changed significantly since a previous defence medical assessment by an occupational medicine specialist, and that the request was a "do over." The court granted the motion, emphasizing the principle of fairness to allow the defendant to obtain expert evidence in a specialized area (amputation treatment) to respond to the plaintiff's physiatrist's opinion and to "level the playing field" in assessing damages.