Dr. Pysklywec

The estate of the worker appealed the denial of initial entitlement for lung cancer.

The worker had been employed in the rubber manufacturing industry for nearly 30 years and had a significant smoking history.

While the Appeals Resolution Officer found that the worker did not meet the criteria for lung cancer due to asbestos exposure under Policy 16-02-13, the appeal was allowed based on the merits and justice of the case.

Relying on findings from the International Agency for Research on Cancer (IARC) and the worker's prior compensable claim for Chronic Lymphocytic Leukemia, the Officer concluded that the worker's occupational exposures significantly contributed to the development of lung cancer, notwithstanding the non-occupational risk factors.

Initial entitlement to lung cancer was granted.

The worker, a laundry aide, appealed the WSIB's decision denying entitlement for a right rotator cuff tear and limiting entitlement to a right shoulder and biceps strain.

The worker felt a pop in their shoulder while hanging laundry above shoulder level.

The Appeals Resolution Officer allowed the appeal, finding that the worker's job duties contributed to the wear and tear on their rotator cuff and that the specific incident caused the tear.

The Officer relied on medical opinions from an occupational medicine specialist, concluding the worker met the criteria for a disablement injury.

The worker, a self-employed butcher and meat cutter, appealed the denial of initial entitlement for a right shoulder rotator cuff tear.

The Appeals Resolution Officer found that the worker's job duties, which involved high force and highly repetitive tasks, along with a possible work-related fall in 2008, supported a personal work-related injury.

The appeal was allowed, granting initial entitlement for the right shoulder injury and the subsequent surgical repair.

The worker, a roofer for 34 years, objected to a decision denying initial entitlement for a gradual onset disablement injury to his low back.

The worker argued that his heavy physical work significantly contributed to his multi-level lumbar degeneration, relying on medical and ergonomic opinions from OHCOW.

The Appeals Resolution Officer denied the appeal, finding insufficient evidence that the worker's duties accelerated or aggravated his degenerative changes.

The Officer noted that emerging scientific evidence suggests such changes are primarily genetic, and attributed the worker's ongoing back pain to non-compensable left hip arthritis.

The worker's estate appealed a decision denying WSIB benefits for the worker's lung cancer, which resulted in his death.

The worker had a 40 pack-year smoking history and 26 years of employment in the rubber industry with probable exposure to nitrosamines, asbestos, and PAHs.

The Appeals Resolution Officer found that while there was probable exposure, the epidemiological evidence did not establish a sufficient causal association between lung cancer and employment in tire manufacturing.

The appeal was dismissed.