(416) 222-2213 bruce@rcrlegalservices.com By appointment only

Track Record

Toronto Paralegals serving Ontario Injured Workers

The following are some of our successful notable Tribunal decisions for Workers injured in a variety of job fields:

  • LEGAL VICTORIES FOR ONTARIO PUBLIC HEALTH NURSES DIAGNOSED WITH SICK BUILDING SYNDROME, MULTIPLE CHEMICAL SENSITIVITY, CHRONIC FATIGUE SYNDROME, AND FIBROMYALGIA CAUSED BY OCCUPATIONAL EXPOSURES TO VOLATILE ORGANIC COMPOUNDS AT THE WORKPLACE SAFETY AND IN

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

  • CARPENTER’S ASSISTANT – GRADUAL ONSET AND DEVELOPMENT OF LOW BACK DISC BULGES CAUSED BY CARPENTER’S ASSISTANT JOB DUTIES

  • GLAZIER – PERFORMANCE OF JOB DUTIES AS A GLAZIER FOR 35 YEARS CAUSED WORKER’S CARPAL TUNNEL SYNDROME

  • HEATING, VENTILATION AND AIR CONDITIONING (HVAC) MECHANIC – OCCUPATIONAL EXPOSURE TO R134A MADE A SIGNIFICANT CONTRIBUTION TO THE DEVELOPMENT OF THE WORKER’S CARDIOMYOPATHY

  • HVAC OPERATIONS MANAGER – ENTITLEMENT TO PSYCHOTRAUMATIC DISABILITY AND DETERMINATION THAT HVAC OPERATIONS MANAGER NOT SUITABLE FOR THE WORKER

  • LATHE OPERATOR - RETROACTIVE ENTITLEMENT TO A PERMANENT DISABILITY OF HERNIA INJURY AND PERMANENT IMPAIRMENT OF NECK CONDITION

  • HVAC MECHANIC – GRADUAL ONSET AND DEVELOPMENT OF BILATERAL CARPAL TUNNEL SYNDROME AND BILATERAL EPICONDYLITIS CAUSED BY HVAC MECHANIC JOB DUTIES

  • PUBLISHING CLERK – COMMONPLACE ACTIVITY OF STANDING UP FROM A CHAIR AND TURNING BODY CONSTITUTE A WORK-RELATED CHANCE EVENT LOW BACK INJURY

  • COMPUTER OPERATOR – ENTITLEMENT TO FULL LOE BENEFITS TO AGE 65 – CLAIM TO WSIB BENEFITS IS NOT AFFECTED BY A HRTO SETTLEMENT    

  • ROOFER - ENTITLEMENT TO NON-ECONOMIC LOSS (NEL) BENEFIT FOR TRAUMATIC BRAIN INJURY AND RETROACTIVE ENTITLEMENT TO LOE BENEFITS

  • GLAZIER – JOB PROCESS OF A GLAZIER KNOWN TO CAUSE RIGHT SHOULDER SUPRASPINATUS AND SUBSCAPULARIS TEARS

  • PART-TIME CONTRACT COLLEGE INSTRUCTOR – IN DETERMINING THE WORKER’S LOE BENEFITS AT FINAL REVIEW, CONSIDERATIONS WILL BE MADE FOR LIMITED FULL-TIME COLLEGE INSTRUCTOR POSITIONS AND LACK OF PART-TIME CONTRACT COLLEGE INSTRUCTOR POSITIONS IN SUMMER AND CHRISTMAS BREAKS

  • CITY PUBLIC TRANSIT BUS OPERATOR – CAUSAL RELATIONSHIP ESTABLISHED BETWEEN THE WORKER’S BUS OPERATOR DUTIES AND THE ONSET AND DEVELOPMENT OF A LOW BACK INJURY DIAGNOSIS OF MECHANICAL LOW BACK PAIN

  • HVAC MECHANIC APPRENTICE – WORKER’S TRAUMATIC INJURIES OF ELECTRIC SHOCK, HANGING FROM AIR-CONDITIONING UNIT AND FALLING 10 TO 12 FEET TO THE GROUND IS EXPLICABLE ORGANIC MUSCULOSKELETAL BASIS TO ALLOW MYOFASCIAL PAIN SYNDROME AND GREATER OCCIPITAL NEURALGIA ON AN ORGANIC BASIS

  • PUBLIC TRANSIT JANITOR – MUSCULAR EFFORT EXERTED BY THE WORKER IN THE COURSE OF HIS DAILY DUTIES AS A JANITOR SIGNIFICANTLY CONTRIBUTED TO THE DEVELOPMENT OF HIS RIGHT INGUINAL HERNIA

TORONTO, September 6, 2024
- RCR Legal Services Professional Corporation acted in recent cases before the Workplace Safety and Insurance Appeals Tribunal (WSIAT) that led to the issuance of Decision Nos. 953/21 and 954/21 on August 21, 2024.

In these proceedings, on behalf of two public health nurses, Bruce Zevallos successfully argued that their occupational inhalation exposures to excessive levels of volatile organic compounds (VOCs) off gassing for nearly 14 months significantly contributed to the onset and development of Sick Building Syndrome (SBS), followed by Multiple Chemical Sensitivity (MCS) with associated Chronic Fatigue Syndrome (CFS), and Fibromyalgia (FM).

Our firm began representing these two public health nurses after their health care sector union hired us to help them address the considerable legal challenges they faced with Workplace Safety and Insurance Board (WSIB) adjudicators. These WSIB adjudicators refused to recognize the nurses' diagnoses of SBS, MCS, CFS, and FM as work-related conditions resulting from exposure to elevated levels of VOCs. Their adverse conclusions were based on the unsupportive medical opinions from WSIB’s own medical consultants.

Despite obstacles from WSIB adjudicators, and the obstacles with the employer and third-party contractor, who withheld crucial VOC exposure documentation, our firm successfully secured subpoenas through preliminary proceedings at WSIAT. This action uncovered vital evidence including email exchanges, meeting records, coworker complaints, and results from air quality and carpet tile testing supporting the conclusion that the excessive VOC levels were due to the breakdown of carpet glue backing, caused by moisture from the concrete slab below. Additionally, the same evidence revealed defects in the HVAC system in the newly built health unit from June 2010 onwards, which also contributed to the increased exposure to VOCs and high indoor humidity levels experienced by the nurses.

In support of our positions, we relied on both the unsolicited medical evidence and solicited medical reports we successfully secured from Dr. John Molot, a physician with extensive background in dealing with MCS, CFS and FM and Dr. Pravesh Jugnundan, a diplomate in occupational medicine and physician at the Occupational Health Clinic for Ontario Workers Inc. Although these cases contained numerous conflicting medical opinions on the issue of causation, the Panel concluded that the majority of these medical opinions favoured the nurses' claims for SBS and MCS, along with associated secondary CFS and FM. Notably, Dr. Molot's substantial expertise in environmental medicine and his extensive background in dealing with MCS, CFS, and FM was pivotal in the Panel’s decision.

These rulings underscore the critical role of comprehensive exposure documentation, medical records, and expert medical opinions in proving a direct connection between workplace VOC exposure and the development of SBS and MCS, along with associated secondary conditions like CFS and FM.

These victories hold significant importance not only for these nurses, their Union and its membership, but also for setting legal precedents that acknowledge that an individual’s exposures to excessive levels of VOC for prolonged period can lead to the onset and development of SBS and MCS, along with associated secondary conditions like CFS and FM.

RCR Legal Services Professional Corporation, established in 2011, has a record of excellence in Workers’ Compensation law in Ontario. If your claim for WSIB benefits have been denied, we are ready to assist you in every aspect of your WSIB claim.

Contact me today to learn more about what we do.

Bruce Zevallos
(416) 222-2213
bruce@rcrlegalservices.com

Decision No: 3095/17 | Date of Decision: June 15, 2018 | PDF: 2018onwsiat1973

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.

Decision No: 1622/17 | Date of Decision: November 17, 2017 | PDF: 2017onwsiat3517

Gradual Onset Disablement Claim

Upon our involvement in the Worker’s appeal, we raised the alternative position, which was eventually accepted by the Tribunal’s Vice Chair, that the Worker’s low back disc bulges were caused by the 8-year performance of his job duties as a carpenter’s assistant.

Decision No: 2221/17| Date of Decision: October 25, 2017 | PDF: 2017onwsiat3245

In granting the Worker initial entitlement, the Panel accepts the performance of the job duties as a glazier to cause carpal tunnel syndrome.

Decision No: 1346/17 | Date of Decision: May 8, 2017 | PDF: 2017onwsiat1377

This is a leading case involving an occupational disease appeal before the WSIAT. In granting the Worker initial entitlement to cardiomyopathy (heart attack) and recognizing a permanent impairment of the same, and recognizing a permanent impairment of his work-related hypersensitivity pneumonitis and granting full Loss of Earning benefits, the Panel accepted our oral and written submissions corroborating the acute significant inhalation exposure to a refrigerant, such as R134A, mist and oil mist can directly cause cardiomyopathy.

Decision No: 2237/16 | Date of Decision: April 28, 2017 | PDF: 2017onwsiat1282

We were successful in convincing the Vice-Chair that the Worker’s workplace accident, subsequent low back surgery and ongoing low back pain contributed significantly to the Worker developing a psychological condition diagnosed as depression and anxiety. As well, the Vice-Chair found that the Worker’s job duties as an HVAC Operation Manager were not suitable employment for the Worker.

Decision No: 1623/16 | Date of Decision: July 12, 2016 | PDF: 2016onwsiat1861

Upon our involvement in this Worker’s case, we assisted the Worker with seeking and obtaining entitlement to retroactive Permanent Disability benefits for a hernia injury from 1983 onwards and also obtaining entitlement to a Non-Economic Loss (NEL) benefit for his Compensable Neck condition.

Decision No: 1642/13 | Date of Decision: October 7, 2013 | PDF: 2013onwsiat2135

In granting the Worker initial entitlement, the Panel confirms that it is well known that the nature of the Worker’s job duties as an HVAC Mechanic for over 30 years caused his bilateral carpal tunnel syndrome and bilateral epicondylitis.

Decision No: 2417/11 | Date of Decision: May 6, 2012 | PDF: 2012onwsiat23

In recognizing the Worker’s work-relatedness of her low back injury, the Panel accepts those commonplace activities of standing up from a chair and turning her body to the left can constitute a chance event or contribute significantly to a low back injury.

Decision No: 1257/17 | Date of Decision: August 21, 2018 | PDF: 2018onwsiat2713

Upon our involvement in this Worker’s circumstance, we assisted the Worker with seeking and obtaining general damages under the Ontario Human Rights Code and also securing WSIB full Loss of Earnings benefits to age 65 at the Workplace Safety and Insurance Appeals Tribunal. In its Decision, the Vice Chair found that confidential settlements ending employment under the Ontario Human Rights Code does not limit the Worker's rights and claims for benefits under the Workplace Safety and Insurance Act.

Decision No: 1116/18 | Date of Decision: August 27, 2018 | PDF: 2018onwsiat2765

As a result of our efforts, the Tribunal accepted our submissions and granted the Worker the following:

  • Entitlement for seizures on an organic basis.
  • Entitlement for an aggravation of the arachnoid cyst.
  • Entitlement for a permanent, organic brain injury, including for a NEL assessment for this impairment.
  • The increase of the Worker’s NEL award for psycho-traumatic disability from 10% to 30%.
  • The determination that he SO, elemental service occupations, is not suitable.
  • Entitlement to full LOE benefits from December 18, 2013, subject to any further applicable statutory review.

Decision No: 2199/18 | Date of Decision: September 11, 2018 | PDF: 2018ONWSIAT2890

Decision No: 3230/17 | Date of Decision: January 17, 2018 | PDF: 2018ONWSIAT202

Decision No: 773/21 | Date of Decision: August 18, 2021 | PDF: 2021ONWSIAT1296

Decision No: 1701/18 | Date of Decision: October 25, 2021 | PDF: 2021ONWSIAT1702

Decision No: 59/22 | Date of Decision: January 24, 2022 PDF: 2022ONWSIAT139

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