Plicy 1.2.13 - Laryngeal Cancer - Asbestos and Nickel Workers

POLICY NUMBER: 1. 2. 13

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

Policy Statement

1. Claims for laryngeal cancer in industries related to asbestos exposure and nickel exposure are to be considered under the following guidelines.

1.1 Laryngeal cancer in workers occupationally exposed to asbestos fibre and/or to nickel aerosol in specific industrial processes will be accepted as an occupational disease under Section 12 of the Act.

1.2 Based on medical studies, claims for laryngeal cancer will be favourably considered under the following circumstances:

1.2.1 Any industrial process in the nickel industry which produces nickel in aerosol dispersion, whether in combined or elemental form. This may include the following:

* Roasting * Welding * Smelting
* Refining * Electroplating

1.2.2 Any occupation in which there is a clear and adequate history of occupational exposure to asbestos dust, and while such occupational exposure cannot be quantitatively described, it should be of continuous and repetitive nature and should represent or be a manifestation of the major component of the occupational activity.

2.1 Duration of Exposure

2.1.1 Nickel: an accumulative minimum of 15 years exposure to nickel aerosols as defined in 1.2.1;

2.1.2 Asbestos: an accumulative minimum of 10 years proven exposure as defined under 1.2.2;

2.1.3 Nickel and asbestos: an accumulative minimum of 7.5 years nickel as well as 5 years asbestos exposures in the case of dual exposure.

3. Inception Period

3.1 Nickel: this shall be a minimum of 20 years from the commencement of the first hazardous exposure.

3.2 Asbestos: this shall be a minimum of 20 years from the commencement of the first hazardous exposure.

3.3 Nickel and Asbestos: this shall be a minimum of 15 years from the commencement of the first hazardous exposure.

4. Claims which do not meet the guidelines should be individually judged on their own merits having regard to the intensity 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), Section 12