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| Decision No. 2076 09 | 24-Nov-2009 | S. Martel |
| The worker was a nurse in a hospital from 1982 to 1996. She was diagnosed with mesothelioma in 1997, and died in 2005. The worker’s estate appealed a decision of the Appeals Resolution Officer denying entitlement. There was asbestos pipe insulation in most areas of the hospital, as well as asbestos fireproofing in false ceilings. However, all the asbestos was contained and intact. Friable asbestos was found in some industrial areas of the hospital but the worker would not have come into those areas. Mesothelioma is listed in Schedule 4. There is an irrebuttable presumption of entitlement where there is a diagnosis of mesothelioma and a finding that the worker was involved in an enumerated process found to generate airborne asbestos fibres. The irrebuttable presumption did not apply in this case because the worker was not employed in any of the enumerated processes. Thus, entitlement had to be determined based on the balance of probabilities. The Vice-Chair found that the worker’s exposure to asbestos in the course of employment was extremely minimal. The Vice-Chair also noted that the latency period in this case was less than 20 years. Given the short latency period and the extremely minimal exposure, the Vice-Chair concluded that the mesothelioma was not related to workplace exposure. The appeal was dismissed. |
| View Full Decision Text 11 Page(s) |
| References: | Act Citation Other Case Reference |
| Neutral Citation: | 2009 ONWSIAT 2747 |
