- Aggravation (preexisting condition) (heart condition)
- Dyspnea
The worker, part of an emergency task force in a police service, experienced severe exertional dyspnea on December 22, 2021, after running up eight flights of stairs during a warrant execution. Medical tests revealed significant coronary artery stenosis, leading to denial of initial entitlement and an unsuccessful appeal to the ARO. The ARO concluded that the ischemia was not caused by physical exertion and that the worker's activities were consistent with usual levels of activity, thus denying entitlement under the heart conditions policy.
The Panel allowed the appeal.The worker contended that the exertion on December 22, 2021, was unusual for them and significantly contributed to the onset of symptoms, warranting benefits under the WSIB's heart conditions policy. This policy allows entitlement when unusual physical exertion, defined as activity that is special, unaccustomed, or excessive for the individual, occurs with no significant delay in symptom onset, aggravating a pre-existing condition. The Panel found that running up eight flights of stairs carrying heavy equipment was unusual physical exertion for the worker, who typically did not perform such intense cardiovascular activity regularly. Testimony and medical evidence supported that the exertion on the incident date was distinguishable from the worker's normal training and duties. The appeal was allowed, granting the worker entitlement for aggravation of the pre-existing heart condition. The matter of the nature and duration of benefits was returned to the WSIB for further adjudication.