Highlights of Noteworthy Decisions

Decision 117 22
2022-04-05
A. Kosny - C. Sacco - K. Hoskin
  • Causation (medical evidence)
  • Environmental hypersensitivity
  • Exposure (chemicals)
  • Respiratory condition
  • Initial entitlement (eligibility)
  • Irritable Larynx Syndrome
  • Multiple Chemical Sensitivity

A worker appealed a decision of the ARO which found that she did not have entitlement to Multiple Chemical Sensitivity (MCS). She was employed as an office administrator at an optometry workshop and optical shop. She reported ongoing symptoms including shortness of breath, burning in her chest and dizziness. The worker was granted entitlement for Irritable Larynx Syndrome (ILS).

The worker's representative submitted that MCS is a very complex medical condition, and weight must be given to the worker's reporting of symptoms and the effect of exposures in the workplace. It was submitted that the workplace exposures made a significant contribution to the development of the worker's MCS, and she should be granted entitlement as a result.
The Panel denied the appeal and found that there was a lack of persuasive medical evidence establishing a causal connection between the work exposure and a diagnosis of MCS.
It was noted that a Ministry of Labour (MOL) workplace inspection revealed that the specified chemicals were below the occupational exposure limits. Furthermore, with respect to the medical evidence, the Panel found that the worker's symptoms could be explained by other diagnoses, most likely ILS, which caused the worker to become reactive to a variety of chemical triggers even at low levels of exposure. It was noted that ILS can affect several organ systems as a result.
The Panel re-affirmed that a diagnosis of MCS is one of exclusion - meaning that if other diagnoses can explain the symptoms an individual is experiencing, then those diagnoses should be accepted before a diagnosis of MCS. It was also pointed out that the American Medical Association concluded that MCS should not be a recognizable syndrome until more accurate studies become available. In conclusion, ILS was found to be most compatible with the worker's symptomology.