WORKPLACE SAFETY AND INSURANCE BOARD
APPEALS RESOLUTION OFFICER DECISION
DECISION NUMBER: 20100059
OBJECTION BY: Worker’s Spouse
PARTICIPANTS: Worker’s spouse, Estate’s representative, Employer
ISSUE
The worker’s spouse requests entitlement to survivor benefits.
HOW THE ISSUE ARISES
The worker was employed with his employer between 1952 and 1985 in various positions during which time he was exposed to asbestos. Entitlement was granted for asbestosis and a permanent impairment was identified. The non-economic loss award does not appear to have been processed as yet.
The worker passed away on December 14, 2007 and an autopsy report showed the cause of death as severe coronary atherosclerosis (tri-vessel) with very focal acute myocardial infarction and old scarring. Entitlement to survivor benefits was denied on the basis the worker’s cause of death was unrelated to the compensable asbestosis or respiratory problems. The claims adjudicator informed the worker’s spouse of this in a decision letter dated March 31, 2008.
The worker’s spouse is objecting to this decision.
AUTHORITY
WSIB Operational Policy Manual (OPM) Document(s):
11-01-02 – Decision-Making
20-01-02 – Definition and Application Dates
Workplace Safety and Insurance Act (the Act)
Section 48 (1) (3) (4)
RESOLUTION METHOD AND PROCESS
I discussed and confirmed the issue with the worker’s representative and agreed to request a further medical opinion from a WSIB medical consultant after receiving the results of the autopsy done on December 14, 2007 and a medical report from the investigating coroner dated September 30, 2008. I shared the results of the WSIB consultant review with the worker’s representative and the employer and they both provided written submission in support of their positions.
ASSESSMENT OF THE EVIDENCE
I have reviewed the record and considered the evidence.
The worker developed asbestosis as a result of occupational exposures and received entitlement as a result. He passed away on December 14, 2007 and the coroner conducted a post mortem, offering the opinion that the cause of death was severe coronary atherosclerosis (tri-vessel) with very focal acute myocardial infarction and old scarring.
The claims adjudicator consulted with an occupational medicine consultant after receiving the post mortem report and concluded the worker passed away as a result of a respiratory condition that was unrelated to the compensable condition. The investigating coroner submitted a medical report dated September 30, 2008 to the worker’s spouse’s representative indicating she ordered the post mortem mainly because there was visible trauma around the worker’s head so the intent of the post mortem was to rule out an accidental cause of death. She reported:
“I have reviewed notes documenting that the patient was very short of breath on exertion, cyanosed and hypoxemic, oxygen dependent and he complained of dyspnea and right sided chest pain. This degree of level disease would certainly be a strain on his heart. He was in poor health and his death was not unexpected. The documentation of cardiac enlargement and left ventricular hypertrophy is evidence of long-term strain on the heart. It is apparent that during the last hour of his life, he had an acute occlusion of his coronary arteries that caused cardiac arrest. It is also true that his lung pathology was work-related and that his lung disease was severe and disabling causing strain on his heart and was a major factor in his death.”
A WSIB occupational medicine consultant reviewed the evidence subsequent to the receipt of this report from the investigating coroner and offered the opinion, “The compensable asbestosis significantly contributed to the cause of death from acute myocardial infarct.”
After carefully reviewing the evidence presented, I accept the expert opinions of the investigating coroner and the WSIB medicine consultant and find the worker’s compensable asbestosis significantly contributed to the cause of his death.
CONCLUSION
I conclude the worker’s asbestosis was a significant contributing factor in the cause of the worker’s death and the worker’s spouse as defined by the Workplace Safety and Insurance Act is entitled to survivor benefits as a result.
The Spouse’s objection is granted.
Dated: April 30, 2010
D. Hart
Appeals Resolution Officer
Appeals Branch