Highlights of Noteworthy Decisions

Decision 1225 24
2024-10-31
A. Kosny - S. Sahay - K. Hoskin
  • Arrhythmia
  • Vaccination (COVID-19)

The worker was employed as a police officer. On October 30, 2021, the worker received the first dose of a COVID-19 vaccine, Moderna. On November 4, 2021, the worker presented to the hospital with intermittent heart palpitations and an irregular heart beat. The worker was referred for additional testing, which showed incidents of supraventricular tachycardia with several premature ventricular contractions. The issue under appeal was initial entitlement to benefits for an adverse reaction to the COVID-19 vaccine.

The Panel allowed the appeal.
As outlined in OPM Document No. 15-04-10, "Immunization Against Infectious Disease", in order to receive entitlement for an adverse reaction to an immunization, it is necessary to establish that the immunization is a pre-employment requirement or a compulsory part of the employment. Effective November 30, 2021, the employer stipulated that all members were required to be fully vaccinated against COVID-19 with a vaccine approved by Health Canada. A "member" included a police officer employed with the service. The worker was therefore required to receive a COVID-19 vaccine as a condition of his employment and the vaccination was mandatory.
The article "Risks of Cardiac Arrhythmia Associated with COVID-19 Vaccination: A Systematic Review and Meta-Analysis" notes that, compared to Pfizer, the Moderna vaccine had a 3.45-times higher risk of developing cardiac arrhythmia than those receiving the Pfizer vaccine. Another review titled, "COVID-19 Vaccination and Cardiac Arrhythmias" notes that, palpitations are a common systemic side effect after a COVID-19 vaccination with incident rates as high as 27%. The authors also proposed a biological mechanism for the development of cardiac arrythmias after a COVID-19 vaccination. Based on the evidence, the Panel concluded that it was more likely than not that the worker had an adverse reaction to the COVID-19 Moderna vaccine he received on October 30, 2021.
The recent scientific research was consistent with the opinion of Dr. Nuri (Cardiologist), that palpitations after the COVID-19 vaccine are not uncommon. The worker did not have prior cardiac issues, including palpitations. The worker was on scheduled leave after his vaccine engaging in ordinary activities, such as running errands. The temporal relationship between the worker's COVID-19 vaccination on October 30, 2021 and the development of heart palpitations shortly thereafter was also supportive of entitlement in this claim.

View Decision in CanLII