WSIB Mesothelioma

_________________________________________________________________________________ 

The Workplace Safety and Insurance Board (WSIB) monitors Ontario's workplace safety training and education system, oversees the quality of health care, helps employees return to work in a timely and safe manner, and distributes disability benefits.

The Workplace Safety and Insurance Board (WSIB)

The Workplace Safety and Insurance Board monitors the following occupational diseases:

• asbestosis (scarring of the lung tissue)
• chronic obstructive lung disease from sulphur dioxide and particulates exposure
• emphysema due to an alpha 1 anti-trypsin deficiency
• gastro-intestinal cancer from asbestos exposure
• laryngeal cancer from asbestos/nickel exposure
• lung cancer from arsenic exposure
• lung cancer from asbestos exposure
• lung cancer from coke oven emissions exposure
• lung cancer from foundry aerosol exposure
• lung cancer - gold miners
• lung cancer in the nickel producing Industry
• mesothelioma of the pleura and peritoneum
• nasal cancer in the nickel producing industry
• plumbism-lead exposure
• scleroderma and occupational exposure to silica dust
• silicosis
• skin diseases

Regarding mesothelioma, one of the functions of the WSIB is to alert people about the dangers of exposure to commercial products that contain asbestos because asbestos exposure might lead to mesothelioma. 

Mesothelioma Cancer

Mesothelioma is an uncommon form of cancer usually associated with previous exposure to asbestos.  In this disease, malignant (cancerous) cells develop in the mesothelium, a protective lining that covers most of the body's internal organs. 

The most common site of this disease is the pleura (the outer lining of the lungs and the chest cavity), but it may also occur in the in the pericardium (the membrane surrounding the heart) or in the peritoneum (the lining of the abdominal cavity). 

WSIB, Mesothelioma, and Cancer of the Pleura and Peritoneum

The Workplace Safety and Insurance Board created a document entitled Mesothelioma of the Pleura and Peritoneum, document No. 16-02-12, that is part of the Workplace Safety and Insurance Act of 1997.  According to this document, mesothelioma of the peritoneum or pleura is deemed an occupational disease under sections 2(1) and 15 of the Workplace Safety and Insurance Act.  This document also specifies that mesothelioma of the peritoneum or pleura is specifically associated with an occupation, process, or trade that involves exposure to asbestos.

According to document 16-02-12, if the worker was employed in Ontario in a manufacturing, demolition, assembling, mining, repair, milling, alteration, construction, or maintenance process involving the production of airborne asbestos fibers on or before the date of being diagnosed with this disease, mesothelioma is irrefutably considered to be the result of the nature of the employment.  

Mesothelioma and Entitlement for Compensation

Claims for mesothelioma are permitted if it can be determined that the worker has a histopathologically documented diagnosis of primary malignant neoplasm of the mesothelium of the peritoneum or pleura and has worked in any maintenance, demolition, mining, assembling, alteration, milling, repair, manufacturing, or construction process involving the production of airborne asbestos fibers. 

Due to the fact that mesothelioma was entered into Schedule 4 of the Workplace Safety and Insurance Act on May 28, 1992, an irrefutable determination that the mesothelioma is due to the nature of the employment applies to all claims with diagnosis dates on or after May 28, 1992. 

WSIB Mesothelioma:  Conclusion

Canadians who have worked in occupations that involved the generation of asbestos fibers may eventually get mesothelioma.  As discussed above, due to the fine work of the WSIB, Mesothelioma suffers at least have the hope of some sort of compensation. 

As a result, Canadian residents who meet the above articulated criteria should contact their local labor organization, WSIB, compensation activist, or attorney for a compensation assessment and for advisement.

source:  Workplace Safety and Insurance Board website.

______________________________________________________