- Dermatitis (contact)
- Permanent impairment {NEL}
- Accident (date) (occupational disease)
- Loss of earnings {LOE} (eligibility) (impairment)
The issues under appeal were the date of injury in this claim (currently February 17, 2021), ongoing entitlement for irritant contact dermatitis beyond February 18, 2021, and, entitlement to LOE benefits from April 1, 2020.
The Panel allowed the appeal, in part. The worker developed irritant contact dermatitis due to pandemic-era masking mandates, which were a required part of her duties as an RPN. The Panel accepted that September 17, 2020, was the date that the worker first sought medical attention for her work-related injury, with reported symptoms consistent with those of her work-related condition. The medical continuity of compatible symptoms was clear. It was appropriate to align the date of accident with the date of initial medical attention, as outlined in WSIB Policy 11-01-04. The medical evidence supported that the worker's allergic reaction to mask wearing was ongoing. The worker testified that she is able to work as long as she does not have to wear a mask, and that her symptoms begin to resolve once she removes the mask; however, the symptoms recur when she returns to mask wearing. The worker tried various masks due to inventory issues caused by the pandemic, and she reacted to differing degrees depending on the type of mask. This was consistent with the opinions from her family doctor and medical specialists. The Panel was satisfied that the worker continues to have restrictions regarding mask wearing. As the worker's allergies had not resolved, entitlement for irritant contact dermatitis was ongoing, and continued beyond February 18, 2021. The worker's job duties were physically unsuitable while mask wearing was required, including after May 1, 2024. Although overall masking mandates were lifted after that date, masking was occasionally required due to outbreaks of respiratory illness. Given the lack of accommodation and the recurrent nature of the worker's symptoms, she was entitled to benefits for sporadic lost time, when the symptoms from mask wearing became debilitating, or side effects from the allergy medication became too overwhelming, for the worker to perform her regular duties. This included LOE benefits for the days that the worker made herself unavailable in order to recover from the effects of her irritant contact dermatitis. The Panel confirmed the worker's entitlement to LOE benefits for sporadic time lost after September 17, 2020. Any further adjudication regarding the nature and duration of the worker's entitlement for her condition, including recognition of a permanent impairment, was referred back to the WSIB, subject to the usual rights of appeal. The specific quantum of the worker's LOE benefits was also referred back to the WSIB for further adjudication, subject to the usual rights of appeal.