- Chronic obstructive lung disease
- Exposure (isocyanate fumes)
The issue under appeal was whether the worker had initial entitlement to benefits for Chronic Obstructive Pulmonary Disease (COPD). The worker was employed in the manufacture of foam products with the accident employer in 1983.
The Panel allowed the appeal.The Panel considered that the principal point of contention between the parties was whether the worker's occupational exposure to different isocyanates (volatile organic compounds used and released in the manufacture of foam by the accident employer) contributed to the development of COPD or whether, on the other hand, the COPD was caused by non-compensable tuberculosis. The occupational hygiene review dated July 30, 2020, reviewed the worker's likely occupational exposures over 35 years divided over three periods: 13 years working in the "demould area" removing foam from form moulds; 11 years working as a "pour head operator" ensuring the appropriate calibration of chemical components which produce the foam; and 11 years as an operator in a foam unit, operating a cold press to manufacture products.The Panel concluded that the evidence, considered on a balance of probabilities, supported a finding that the worker's occupational exposures made a significant contribution to the development of COPD. The Panel accepted that the worker only had a "minor extent" of lung damage as a result of tuberculosis. The worker's relatively minor and distant smoking history was also a minor contributing factor to COPD.