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Established in 1985, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) is the final level of appeal to which workers and employers may bring disputes concerning workplace safety and insurance matters in Ontario. WSIAT has always been separate from and independent of the Workplace Safety and Insurance Board.

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  Decision 585 13
4/9/2013
M. Crystal - M. Christie - A. Grande

  • Accident (occurrence)
  • Hepatitis
  • Hospital employment (nursing)

The worker was a registered practical nurse. The worker appealed a decision of the Appeals Resolution Officer denying entitlement for hepatitis C.
On the evidence, the worker suffered a needle stick injury during the first week of her employment with the employer while using a lancet, which was not working properly, to perform blood glucose monitoring.
The patient that the worker had tested was hepatitis C positive. There was evidence that the rate of transmission for hepatitis C from needle stick exposure was about 1.8% and, possibly, as low as 0.2% to 0.4%. Notwithstanding the low transmission rate, there were no other risk factors that were applicable to the worker's case which could explain her infection.
The appeal was allowed.