AUTO BODY MECHANIC - OCCUPATIONAL DISEASE OF RHEUMATOID ARTHRITIS RELATED TO SILICA EXPOSURE WHILE SANDBLASTING

This is a leading case involving an occupational disease appeal of Rheumatoid Arthritis and Occupational Asthma before the WSIAT. Upon our involvement, we assisted the Worker in his appeal and obtained initial entitlement to Rheumatoid Arthritis stemming from his occupational exposure to silica at the WSIB Appeals Services Division.

At the Tribunal, the Vice Chair granted the Worker’s entitlement to the recognition of permanent impairment and Non-Economic Loss (NEL) assessment for occupational asthma, granted initial entitlement to right knee disability stemming from his job duties as an autobody mechanic along with recognizing a permanent impairment of the same, increased the Worker’s NEL benefit for Rheumatoid Arthritis from 32% to 48%, determined the Maximum Medical Recovery date of the Worker’s NEL for Rheumatoid Arthritis as of June 6, 1998, which is the day after the date of accident, granted the Worker entitlement to psychotraumatic disability and confirmed a permanent impairment and entitlement to a NEL benefit for the same, granted entitlement to Gastroesophageal Reflux Disease (Gerd), granted entitlement to a NEL assessment for Polyneuropathy and Sjögren’s Syndrome, granted the Worker entitlement for chronic headaches as a secondary condition related to rheumatoid arthritis, and granted entitlement to cervical ruff and medications.

The significance of this decision is that it makes it well known that occupational exposure to silica dust over the years, by way of inhalation, skin absorption, or ingestion, can cause Rheumatoid Arthritis. Although the Vice Chair did not accept our first position on NEL ratings for Rheumatoid Arthritis, this Decision does confirm the Board’s methodology to rate NEL benefits for Rheumatoid Arthritis (which was increased in this case) and confirms secondary conditions, such as Sjögren’s syndrome and Chronic Headaches.