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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 1318 14
1/23/2015
R. Nairn - M. Trudeau - R. Lebert

  • Board Directives and Guidelines (cardiac conditions)
  • Heart attack

The worker was a supervisor in the employer's road construction business. The worker collapsed at work and died due to a heart attack. The worker's estate appealed a decision of the Appeals Resolution Officer denying entitlement. Board Operational Policy Manual, Document No. 15-03-10, on heart conditions, suggests that entitlement will be granted where the cardiac condition is established as a disablement arising out of and in the course of employment, or where there is unusual physical exertion with no significant delay in the onset of symptoms. There was no unusual physical exertion in this case. The worker had a very busy job. It was not unusual for the worker to work 60 hours per week in good weather. However, the majority of his duties involved travelling from work site to work site in a supervisory capacity. The Panel found that his job did not make a significant contribution to his heart attack and death. The Panel noted that the worker had a number of non-compensable risk factors, including age and smoking. The appeal was dismissed.