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| Decision No. 2691 08 | 27-Nov-2009 | A. Patterson - M. Christie - D. Broadbent |
| The worker was a pipefitter and welder from 1969 to 1992. He was diagnosed with cancer of the rectum in 1992. The worker submitted that the cancer was related to workplace exposure to asbestos. The worker appealed a decision of the Appeals Resolution Officer denying entitlement. Board Operational Policy Manual, Document No. 16-02-11, provides that claims are favourably considered if there is 1) a clear and adequate history of occupational exposure to asbestos dust that is of a continuous and repetitive nature and that represents a major component of the occupational activity and 2) there is a minimum latency period of 20 years between first exposure to asbestos and diagnosis. The Panel reviewed the worker’s work history. He started working in 1969, and used asbestos gloves and blankets. This met the second requirement of the Board policy. The Panel noted that the latency requirement of the policy did not indicate that the exposure had to be asbestos dust, that the exposure had to be continuous and repetitive or that it represent a major component of occupational activity. Regarding the first requirement of the policy, the Panel found that the worker had continuous and repetitive exposure that represented a major component of occupational activity only for a period of about 16 months in 1975 and 1976. The exposure from the asbestos gloves and blankets was not a significant source of asbestos dust. This was far below a recommendation from the Board’s Medical and Occupational Disease Policy Branch of a 15-year history of continuous and repetitive exposure. The worker did not have entitlement for the cancer. The appeal was dismissed. |
| View Full Decision Text 14 Page(s) |
| References: | Act Citation Other Case Reference |
| Neutral Citation: | 2009 ONWSIAT 2766 |
| Decision No. 2691 08 I | 19-Dec-2008 | A. Patterson - M. Christie - D. Broadbent |
| No Summary Available |
| View Full Decision Text 5 Page(s) |
| References: | Act Citation Other Case Reference |
| Neutral Citation: | 2008 ONWSIAT 3338 |
