- Obesity
- Consequences of injury (obesity)
- Dependency benefits (survivor)
Decision No. 1533/23I granted the worker secondary entitlement for a weight gain of 196 pounds subsequent to his compensable accident of September 2, 2014. The Panel sought further medical information in relation to this appeal from a Tribunal Medical Assessor as to whether the worker's post-accident weight gain significantly contributed to his death. The issue under appeal was whether the worker's estate was entitled to survivor benefits.
The Panel allowed the appeal.The Panel found that the worker's post-accident weight gain of 196 pounds significantly contributed to his death. The Panel found there was consistency between the coroner's report (which determined that the worker's overall obesity significantly contributed to his death) and Dr. Jolly's report (which determined that the worker's post-accident obesity significantly contributed to his death). The Panel placed significant weight on the consistency of these two medical opinions. Dr. Jolly described that the worker's BMI was 65.2 kg/m2, which likely placed the worker at quite a high risk of death due to cardiovascular issues. OPM Document No. 20-03-16, "Benefits for Survivors", states that: "If a worker dies as a result of a work-related injury/disease, the worker's survivors are entitled to survivors' benefits based on their dependency status and the number of dependants." OPM Document No. 20-03-16 refers to OPM Document 20-01-02, "Definitions and Application Date", which states that a dependant includes a "parent" who may have been "partly dependent on the worker's earnings at the time of the worker's death". The Panel found that the worker's mother was a dependant as defined within OPM Document No. 20-01-02. Furthermore, in accordance with OPM Document No. 20-03-16, the worker's mother was entitled to survivor benefits. The extent and duration of these benefits was returned to the WSIB for further adjudication, subject to the usual rights of appeal.