POLICY NUMBER: 1. 2. 11

Effective Date: February 1, 1996
Date Issued: December 1, 1995
Date Approved by Board of Directors: October 4, 1995
Topic: Lung Cancer in Asbestos Workers
Section: Entitlement
Subsection: Occupational Diseases

Policy Statement

1. Lung cancer in asbestos workers will be considered under the following guidelines.

1.1 Lung cancer in asbestos workers is to be accepted as an occupational disease under Section 12 of the Act as peculiar to and characteristic of a process, trade or occupation involving exposure to asbestos.

1.2 Based on medical studies, lung cancer claims should be favourably considered when the following circumstances apply:

1.2.1 There is a clear and adequate history of at least ten years occupational exposure to asbestos;

1.2.2 There is a minimum interval of ten years between first exposure to asbestos and the appearance of lung cancer;

1.2.3 Claims which do not meet the guidelines in 1.2.1 and 1.2.2 should be individually judged on their own merits, having regard to the intesity of exposure and other factors peculiar to the individual case.

Application

This Policy applies to all decisions made on or after February 1, 1996.

References

Workers' Compensation Act (Chapter 10, Acts of 1994 - 95), Sections 2(v), 12