Highlights of Noteworthy Decisions

Decision 585 13
2013-04-09
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.

View Decision in CanLII