Appeals Resolution Officer Decision
Decision Number: 20250013
Objecting Party: Worker
Respondent Party: Employer (Not Participating)
Hearing: Hearing in Writing
Heard by: S. Crisostomo, Appeals Resolution Officer Dated: December 12, 2024
Issue
The worker objects to the Adjudicator’s decision dated July 25, 2024, which denied entitlement for chemical induced dermatitis/eczema related to their employment exposure to oven cleaner on April 15, 2024.
Background
The worker completed the Worker’s Report of Injury/Disease (Form 6) received on July 6, 2024 and indicated on April 15, 2024 they were cleaning the oven with an oven cleaner and after cleaning the oven for about one hour, they developed itchiness and redness of the right hand. They reported their symptoms to the employer the following day and sought medical attention for their symptoms.
On July 12, 2024, the employer completed the Employer’s Report of Injury/Disease (Form 7) and indicated the worker reported developing a right-hand rash on April 15, 2024, which they reported to them on April 16, 2024, for which the worker sought medical attention.
The worker sought medical attention at a walk-in clinic between May 8, 2024 and July 16, 2024 for their right-hand symptoms and on July 16, 2024, Dr. J completed the Health Professional’s Report (Form 8) and diagnosed the worker with right hand and wrist occupational chemical induced dermatitis/eczema.
The Adjudicator reviewed the file in July of 2024. Based on the review, the Adjudicator denied entitlement to for the worker’s diagnosed skin condition, after determining the worker’s skin condition was not related to their workplace exposures on April 15, 2024. This decision was communicated on July 25, 2024.
The worker objected to the July 25, 2024 decision; however, it remained unchanged and as a result, the matter was referred to the Appeals Services Division for further consideration.
Worker’s Position
The worker submits:
- Email records submitted to the file show that after developing a skin condition following using an oven cleaner on April 15, 2024, they immediately reported the condition the employer.
- Photographic evidence confirms the development of their right wrist/hand skin condition.
- The delay in seeking medical attention was because they first attempted to self-treat their condition; however, once the treatment failed, they sought medical attention.
- Their right-hand skin condition is work related as it resulted from their exposure to the oven cleaner they used on April 15, 2024.
- Entitlement should be allowed for their diagnosed skin condition.
Authority
Sections 2(1) and 15 and Schedule 3 and 4 of the Workplace Safety and Insurance Act, 1997 (the Act)
Operational Policy Manual:
- 11-01-01 Adjudicative Process (Published November 3, 2008)
- 11-01-02 Decision-Making (Published September 29, 2023)
Analysis
I have carefully considered all of the available information, legislation, and relevant operational policies in reaching this decision.
I find the worker’s diagnosed right wrist and hand contact dermatitis was caused by their workplace exposure to oven cleaner on April 15, 2024. Therefore, entitlement for contact dermatitis of the right wrist and hand is allowed. The reasons for my decision follow.
Operational Policy 11-01-01 related to the adjudicative process states in part:
Five point check system
All decision-makers use the same criteria for ruling on initial entitlement to Workplace Safety and Insurance Board (WSIB) benefits. This system is known as the "five point check system.”
An allowable claim must have the following five points:
- an employer
- a worker
- personal work-related injury
- proof of accident, and
- compatibility of diagnosis to accident or disablement history.
Occupational disease cases are adjudicated under Section 2 (1) and Section 15 of the Act and by Regulation in Schedules 3 & 4 of the Act. If the disease is not listed in the Schedules, entitlement to benefits and services, is determined based on the merits and justice of the case. It must be established that it is more probable than not that the circumstances of the worker’s employment and exposure history significantly contributed to the development of the medical condition being claimed. In this case, the worker claims they developed contact dermatitis of the right wrist and hand on April 15, 2024 due to their employment exposure to oven cleaner.
There is no WSIB policy that applies specifically to the worker’s employment exposure and their claimed condition. Therefore, entitlement must be determined based upon the available evidence and the individual merits of the case.
Employment Exposures on April 15, 2024
The worker claims that on April 15, 2024, they were cleaning an oven with an oven cleaner when they developed a right-hand skin condition.
The employer confirmed the worker reported that on April 15, 2024, they were cleaning an oven with an oven cleaner when they developed a skin condition. The employer provided the Safety Data Sheet for the oven cleaner the worker used on April 15, 2024, which was EASY-OFF Heavy Duty Oven Cleaner.
Based on the available evidence, I am satisfied that the worker was exposed to EASY-OFF Heavy Duty Oven Cleaner on April 15, 2024.
Diagnosis
The worker initially sought medical attention on May 8, 2024 and reported a flare up of the eczema on their hands.
On July 16, 2024, Dr. J completed the Health Professional’s Report (Form 8) and diagnosed the worker with right hand and wrist occupational chemical induced dermatitis/eczema.
Following further medical assessments on July 6, 2024 and August 29, 2024, the worker was diagnosed with contact dermatitis of the right wrist and hand related to their April 15, 2024 employment exposure.
Dr. M’s September 4, 2024 report confirmed the worker was struggling with contact dermatitis related to their April 15, 2024 work event for which the worker had multiple medical appointments since May 8, 2024.
Based on the evidence before me, I accept the evidence supports the worker was diagnosed contact dermatitis of the right wrist and hand.
Discussion and Reasoning
For entitlement to be established for the worker’s diagnosed right wrist and hand contact dermatitis due their April 15, 2024 employment exposure to oven cleaner, it must be established that it is more probable than not that the circumstances of the worker’s employment exposure significantly contributed to the development of their contact dermatitis.
A review of the information contained in the file reveals:
- On April 15, 2024, the worker was cleaning an oven with EASY-OFF Heavy Duty Oven Cleaner.
- The worker reported their accident and injury to the employer on April 16, 2024.
- On April 17, 2024 and June 7, 2024, the worker advised the employer via email that they developed right hand irritation and burning after coming into contact with chemicals at work on April 15, 2024 despite wearing gloves. The worker enclosed pictures of their right-hand condition.
- The Safety Data Sheet for EASY-OFF Heavy Duty Oven Cleaner indicates it is corrosive to the skin (Category 1) and could cause severe skin burns.
I note that during the worker’s April 15, 2024 shift, which started at 10:00 pm and ended at 8:00 am (on April 16, 2024), they used EASY-OFF Heavy Duty Oven Cleaner to clean an oven at work and developed right hand skin irritation, which they reported to the employer on April 17, 2024. As such, find there is temporal relationship between the worker’s use of EASY-OFF Heavy Duty Oven Cleaner on April 15, 2024 and the development of their right wrist and hand symptoms on April 15, 2024.
I recognize that contact dermatitis is a type of acute or chronic inflammation of the skin caused by exposure to chemical or physical agents such as cleaners . I also recognize that according to the Safety Data Sheet for EASY-OFF Heavy Duty Oven Cleaner that EASY-OFF Heavy Duty Oven Cleaner is corrosive to the skin (Category 1) and could cause severe skin burns. As such, I find exposure to EASY-OFF Heavy Duty Oven Cleaner could cause acute inflammation of the skin and cause contact dermatitis.
While I acknowledge the worker was wearing gloves while using the EASY-OFF Heavy Duty Oven Cleaner to clean the oven on April 15, 2024 and that gloves are a preventative measure for developing contact dermatitis, there is no evidence before me that confirms the condition of the gloves used by the worker or if the gloves were defective and/or damaged while being used. As such, I find the worker’s use of gloves while handling and using EASY-OFF Heavy Duty Oven Cleaner does not eliminate the risk of having their skin exposed to the EASY-OFF Heavy Duty Oven Cleaner they used at work on April 15, 2024.
While I recognize that there was a delay in the worker seeking medical seeking medical attention for their acute skin irritation on April 15, 2024, I accept the delay is reasonable noting the worker tried to self-treat their skin condition with Vaseline and a home remedy, as reported in the August 29, 2024 clinical notes.
Based on my assessment of the available information, I find the weight of the evidence, on a balance of probabilities, establishes that the worker’s workplace exposure to an oven cleaner; namely, EASY-OFF Heavy Duty Oven Cleaner on April 15, 2024 caused them to develop dermatitis of the right wrist and hand. Therefore, I am satisfied that the worker’s workplace exposure to oven cleaner on April 15, 2024, significantly contributed to and is compatible with, the worker’s diagnosed contact dermatitis of the right wrist and hand. Thus, the criteria in Policy 11-01-01 for ruling on initial entitlement to WSIB benefits has been met. Therefore, initial entitlement for contact dermatitis of the right wrist and hand related to their April 15, 2024 workplace exposure to oven cleaner is allowed.
Conclusion
Based on the evidence outlined in this decision, I conclude initial entitlement for contact dermatitis of the right wrist and hand related to their April 15, 2024 workplace exposure to oven cleaner is allowed.
The worker’s objection is allowed.
DATED December 12, 2024
S. Crisostomo Appeals Resolution Officer Appeals Services Division