Highlights of Noteworthy Decisions

Decision 47 22
N. Perryman - D. Thomson - Z. Agnidis
  • Cleaner
  • Significant contribution (of employment to disability)
  • Viral infection (influenza)

On January 29, 2015 the worker became ill with a constellation of symptoms which she believed to be related to the influenza virus and related to her exposure at work.

The worker worked on two floors of the hospital in which there was a confirmed influenza outbreak. The worker started working on these units from January 20 until January 29, 2015. The worker did not go into work on January 30, 2015 as a result of developing flu-like symptoms.
The worker in this appeal was seeking entitlement for influenza.
The Panel found that: the worker's symptoms and diagnosis are consistent with influenza; there was no evidence of significance of any risk of infection outside of the workplace; and the worker was employed in an environment where there is a high risk of communicable disease, directly working on units where there was an outbreak and was in direct contact with patients who were suffering from influenza.
The influenza the worker experienced in January and February 2015 and the occupational exposure, as a result of the outbreak, therefore, was a significant contributing factor in the development of the illness. Entitlement for influenza was allowed.
As a result of this entitlement the worker was granted full LOE benefits from January 30, 2015 until the worker returned to work on February 17, 2015.
The appeal was allowed.