- Heart attack
The worker began working with a police-related employer in 2007. On May 20, 2020, she experienced chest tightness and scapular/jaw-related pain at work. She then attended a local hospital where she was diagnosed with a non-ST-elevation myocardial infarction ("NSTEMI"), a specific type of heart attack. The issue under appeal was whether the worker had initial entitlement for a heart condition.
The Panel allowed the appeal.The Panel noted that Operational Policy Manual, Document No. 15-03-10, "Heart Conditions," accepts entitlement where there is an acute emotional stress with no significant delay in the onset of symptoms. The Policy does not require a pre-existing condition for entitlement to be granted in this situation.The worker was medically stable and fully functional prior to the work-related incident of May 20, 2020. The worker's cardiac symptomology arose within a work-related context. There were no known non-occupational events or factors that accounted for the worker's heart attack on that date. The worker's family history did not play a significant role in her heart condition. The only factor that could be identified as having made a significant contribution to the development of the worker's heart attack on May 20, 2020 was the acute emotional stress that she sustained after learning that additional documentation was required for an OIRPD investigation. The sequence of events supported a strong nexus between her work-related duties, which caused acute emotional stress, and the cardiac symptomology that she experienced shortly thereafter. The Policy requirements for entitlement for the worker's heart attack were met under these circumstances. The Panel considered whether WSIB policy excludes such circumstances for claim entitlement in the absence of a pre-existing condition. The Policy states: "this instance is allowed on the basis of aggravation of a pre-existing non-work-related condition". The Panel answered this question in the negative. While no significant coronary artery disease existed in the worker's case as of May 20, 2020, the existence of the worker's "pathophysiological process" and minor arteriosclerotic/atherosclerotic findings were sufficient to allow entitlement on this basis. The Panel concluded that these cardiovascular circumstances fit within the "pre-existing non-work-related condition" criterion explained in WSIB policy.