Appeals Resolution Officer Decision
Decision Number: 20220142
Objecting Party: Worker Represented by: Worker representative
Respondent: Employer Represented by: Employer representative
Hearing: Hearing in Writing
Heard by: L. Mansueti, Appeals Resolution Officer Dated: October 11, 2022
Issue
The worker objects to the Occupational Disease and Survivor Benefits Program Adjudicator’s decision dated July 24, 2017 denying entitlement to benefits for Chronic Lymphocytic Leukemia (CLL).
Background
On June 10, 2016, the worker was diagnosed with CLL. The worker requested WSIB benefit entitlement, claiming their workplace exposures to solvents, paints, wood dust and various chemical products including benzene significantly contributed to the development of CLL, asthma and respiratory issues. The worker was employed as a Carpenter/Maintenance Worker from 1968 to 2001, when they retired.
The claim was established for CLL. The decision letter dated July 24, 2017 communicated there was no entitlement to benefits for this condition. It was noted a separate claim was established for asthma and respiratory issues, for which entitlement to benefits was denied.
The worker objected to the decision dated July 24, 2017, and this is now the issue before the Appeals Services Division.
Authority
Section 2(1), 15 and 119(1) of the Workplace Safety and Insurance Act (WSIA), 1997, as amended
Regulations 3 and 4 of WSIA
Operational Policy Manual
Published
11-01-03 Merits and Justice
October 12, 2004
Administrative Practice Document: Weighing of Medical Evidence (May 2017)
Analysis
I have carefully considered all of the available information, legislation, relevant operational policy and practice document in reaching this decision. The worker and employer representatives provided submissions for my review and consideration. For the reasons that follow, I find entitlement to benefits is in order for CLL.
Employment & Exposure History
The worker submitted a detailed account of their work history from 1968 to 2001 including the different shops they worked in, the jobs and tasks they performed, and exposures. The worker was employed as a Carpenter and Maintenance Worker. They attributed their CLL diagnosis to workplace exposures to various chemicals, dusts, and furnace emissions.
L. Kurtz, a WSIB Occupational Hygienist (OH), completed an Occupational Hygiene review on March 16, 2017. The purpose of the review was to comment on the worker’s potential for occupational exposure to benzene and chlorinated solvents. The OH interviewed the worker, wherein they indicated they worked as a Carpenter for many years, and also worked in general maintenance. They indicated about 50 per cent of the time was spent working in the carpentry shop, which is the same place where the Painters worked. The worker indicated at other times they were involved in general mechanical repair and in the last 10 years of their employment, they worked as a “Sawyer.” The work was broad, and involved maintenance and upkeep of various types of plant machinery. The worker was also called upon to help Millwrights during staff shortages. The worker advanced they worked all over the plant. When they first started working, they worked in the plate shop and was exposed to dusts, welding fumes, and degreasers. They were then stationed in the carpentry shop from 1970 to 2001.
The worker advised the OH the carpenters were responsible for fabrication of parts and structures out of wood and related products including cement board, metal sheet, drywall, plywood, and oriented-strand board. They built hoods, cabinets, signs, and doors. The specialized wood panels were fabricated in-house by laminating veneers using phenol-formaldehyde adhesives. The worker worked with glass-wool insulation and solvents, and was involved in asbestos work. They used various types of solvents and degreasers while performing maintenance work. The worker indicated the paint department was an important source of solvent exposures. The sign-writing was performed using screen-plate techniques. While the worker was unaware of the specific types of printing inks that were used, the solvent fumes were continuously present in the air in the shops. The worker described the shop as a large open space that was equipped with general ventilation. The worker indicated they were assigned to the polychlorinated biphenyl (PCB) removal team during their tenure in maintenance. The worker recalled being exposed to various smelter dusts including furnace dusts, asbestos, and wood dust. The employment profile indicated the worker was potentially directly and/or indirectly exposed to a variety of