Dr. Noel Kerin

The estate of a deceased worker appealed the denial of initial entitlement for prostate cancer, arguing it was an occupational disease caused by workplace exposure to multiple carcinogens over 29 years in a manufacturing facility.

The Appeals Resolution Officer reviewed medical and occupational hygiene evidence, including reports from OHCOW and the WSIB's Occupational Hygienist.

Relying on the International Agency for Research on Cancer (IARC) findings that there are no agents with sufficient evidence in humans for prostate cancer, the Officer concluded that the workplace exposures were not a significant contributing factor.

The appeal was denied.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for physiotherapy.

The respondent insurer initially limited her physical treatment to the Minor Injury Guideline (MIG) cap of $3,500.

The applicant was later removed from the MIG due to a psychological impairment.

The adjudicator held that once an insured is removed from the MIG for any reason, the $3,500 limit no longer applies to physical injuries, and the sole test is whether the proposed treatment is reasonable and necessary.

Relying on the recommendation of the respondent's own medical assessor, the adjudicator found the disputed physiotherapy treatment plans were reasonable and necessary.

The adjudicator declined to order an award for unreasonable delay, finding the insurer's incorrect interpretation of the MIG limits did not amount to bad faith.