Dr. Joel E. Andersen

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.