Highlights of Noteworthy Decisions

Decision 36 19
16/01/2019
B. Kalvin
  • Board Directives and Guidelines (cancer) (gastrointestinal)
  • Cancer (esophagus)

The worker's estate appealed a decision of the Appeals Resolution Officer denying the worker entitlement for esophageal cancer.

The worker met the requirements of Board policy. The ARO followed an interpretation of the policy by the ODSP, which concluded that the scientific information on which the policy is based, at least as it pertains to esophageal cancer, is outdated and no longer valid.
The Vice-Chair noted that the policy was valid and in place at the time of the claim and remains valid and in place. It has not been amended so as to remove esophageal cancer from the list of cancers presumed to be caused by asbestos exposure. The Tribunal is bound to apply applicable Board policy.
The worker had entitlement for the esophageal cancer. The appeal was allowed.