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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 1557 14
12/4/2014
M. Crystal

  • Cancer (lung)
  • Medical opinion (cancer) (lung)

The worker was employer by a mining company from 1939 until his retirement in 1978. He died of lung cancer in 2003. The worker's estate appealed a decision of the Appeals Resolution Officer denying entitlement for the cancer. Based on a review of the medical information, the preponderance of views expressed by the pathologists who considered the case indicated that sarcoma was the most probable diagnosis of the worker's condition. A memo from Dr. Muir explained that carcinoma are generally derived from surface epithelium, which could be exposed to environmental carcinogens, which is why carcinoma have the potential to be related to occupational exposure. However, sarcoma are derived from deep seated tissue, which are not directly exposed and, therefore, not likely occupationally related. The worker did not have entitlement for the lung cancer, properly diagnosed as sarcoma, and not likely related to occupational exposure. The appeal was dismissed.