Highlights of Noteworthy Decisions

Decision 495 23
2024-06-24
A. Kosny - C. Sacco - M. Ferrari
  • Alzheimer's disease
  • Consequences of injury (secondary condition)

The worker's estate appealed an ARO decision which found that the late worker's work-related traumatic brain injury was not a significant contributing factor to the development of his Alzheimer's Disease (AD) and resulting death due to aspiration pneumonia on January 31, 2015. Entitlement to survivor benefits was therefore not in order.

The Panel denied the appeal.
In making its determination, the Panel relied in large part on the Medical Assessor report from Dr. Kertesz, neurologist. Dr. Kertesz stated that AD found at autopsy begins approximately 10-20 years before clinical and pathological findings are found. The worker had experienced cognitive changes prior to the work-related head injury and it was the opinion of Dr. Kertesz that the worker likely had progressive dementia. Dr. Kertesz stated that severe brain injury may be associated with AD but there was no axonal injury or brain damage found on the worker's autopsy to indicate that the worker had sustained a severe brain injury.
The Worker's Representative indicated that the literature cited shows a connection between traumatic brain injury and AD. However, this was not a causative process in the worker's case. The worker did not sustain a severe, work-related traumatic brain injury, as evidenced by the CT scan of November 30, 2010 and the autopsy report after the worker's death. The worker also did not have repeated work-related traumatic brain injuries, such as ones that are experienced by some boxers or professional football players. Dr. Kertesz indicated that repeated head trauma is associated with and considered causative of Chronic Traumatic Encephalopathy (previously known as Dementia Pugilistica). He noted that this is a different disease from AD.

View Decision in CanLII