Dr. Kerin

The worker's estate appealed a decision denying entitlement for lung cancer, arguing that the worker's employment as a welder/fitter from 1973 to 1988 exposed him to significant lung carcinogens.

The worker died of lung cancer at age 47 and had a smoking history.

Applying Occupational Disease Advisory Panel (ODAP) principles, the Appeals Resolution Officer weighed conflicting exposure assessments from a WSIB occupational hygienist and an occupational medicine physician.

Relying on Ministry of Labour reports and a co-worker's affidavit confirming poor ventilation, indoor sandblasting, and regular use of asbestos blankets, the Officer found the worker had significant exposure to multiple known lung carcinogens.

The appeal was allowed, concluding that the workplace exposures were a significant contributing factor in the development of the worker's lung cancer.