- Second Injury and Enhancement Fund {SIEF} (pre-existing disability) (causation)
The worker, an ultrasound technician, received entitlement to benefits for contact dermatitis related to an increased use of gloves, sanitizers, and hand washing during the COVID-19 pandemic. The issue under appeal was the employer's entitlement to SIEF cost relief.
The Vice-Chair denied the appeal.The employer submitted that the worker had a genetic predisposition evidenced by a history of atopy, which contributed to causing her contact dermatitis, and should be treated as a prior disability for SIEF cost relief purposes. The Tribunal has found that atopic genetic predisposition evidenced by atopic conditions may warrant SIEF cost relief. This has been found when atopic conditions are notably significant.However, in the current matter, the worker previously had an eczema rash on her thigh a few years prior, had a skin reaction after a COVID-19 vaccine, and was said to be allergic to penicillin. The worker was not characterized as being an atopic individual or seen as exhibiting atopy concerns. The Vice-Chair noted that not all skin reaction histories are indicative of an atopic condition. Dr. Skotnicki concluded that the worker had irritant contact dermatitis and not allergic contact dermatitis, which is a distinct condition. There was no evidence that the compensable contact dermatitis was caused by anything other than the workplace irritants. The worker's contact dermatitis was not caused or contributed to by a prior disability. The employer was not entitled to SIEF cost relief.