- Cancer (kidney)
- Exposure (trichloroethylene)
This appeal by the worker's estate concerned the following issues: a) entitlement to benefits for renal cell carcinoma (kidney cancer) as a result of workplace exposures, namely TCE (trichloroethylene) and asbestos; b) entitlement to benefits for kidney cancer as a result of employment exposures to radiation, cadmium, PCBs, mercury, NSAIDs, PAHs, soldering, lead, and toxins and carcinogens from the employer's water source; and, c) entitlement to benefits for kidney cancer as a secondary condition resulting from the use of NSAIDs prescribed for the worker's 1981 work-related, low back injury.
The appeal was allowed on the basis of exposure to TCE.The worker had been employed as an electrical repairman. The evidence was supportive of a finding that Chroma Tap was used in the workplace. The concentration of TCE in Chroma Tap #1 is 60-100%. This product can be absorbed through intact skin. It was used by the employer while drilling and as a degreasing and cooling agent. The Chroma Tap was not a spray but contained in a bottle. The Panel found that the witness statements indicated that there was regular use of TCE until the 1980s, largely without the use of PPE. Their statements indicated that there was significant exposure to the substance and that TCE would be on their skin while it was used. It was estimated that the worker would have had approximately 15 years of work-related exposure to this agent. The latency period – the time from first exposure to diagnosis of the worker's renal cancer - was well over 15 years.The Panel observed that recent scientific literature has found a relationship between TCE and renal cancer. There is now sufficient evidence that TCE causes kidney cancer in humans. There were non-occupational risk factors referenced; however, the Panel found that while the worker's smoking history was a risk factor for renal cancer, it did not overwhelm the contribution of his work-related exposure to TCE, which was the most significant risk factor. The worker was regularly exposed to TCE at work and TCE is a known human carcinogen for kidney cancer. The Panel concluded that it was more likely than not that the worker's occupational exposures to TCE significantly contributed to the development of his renal cancer.The IARC has now accepted that that there is sufficient evidence linking exposure to TCE and kidney cancer. The Panel accepted this finding. It was noted that the IARC is a well-respected, international organization and its findings are based on peer-reviewed research. As the key question before the Panel was whether the worker had significant exposure to TCE in the course of his employment, this issue did not need to be referred to a medical assessor.