- Exposure (diesel fumes)
- Noxious inhalation
The worker, self-employed as a drywall finisher, appealed a decision denying initial entitlement for an inhalational injury related to diesel fume exposure at a construction site. The sole issue was whether the worker had entitlement for this injury.
The worker testified about continuous exposure to diesel heaters without ventilation inside a building under construction during winter 2022, causing intense diesel exhaust inhalation. Ministry of Labour inspections confirmed unsafe use of diesel heaters emitting noxious combustion products indoors. Medical reports documented the worker's symptoms as coughing, burning eyes, and respiratory irritation attributed to "noxious inhalation" from diesel fumes. Chest x-rays were normal but were considered limited for diagnosing inhalation injury. Smoking history was noted but did not explain the acute symptoms. The Panel found the worker's testimony credible and consistent with documentary evidence, concluding the worker did sustain an inhalational injury caused by workplace diesel exhaust exposure. The denial based on "cough" not being a diagnosis was rejected, recognizing "noxious inhalation" as a valid injury. The Panel clarified its jurisdiction was limited to the entitlement issue and could not address criminal charges or occupational health and safety enforcement, advising the worker to seek other legal avenues for those concerns. The Panel acknowledged the worker's mental health concerns related to exposure but noted lack of medical evidence for psychological or neurological claims. The worker may pursue additional claims (psychotraumatic disability, COPD) with the WSIB, subject to appeal rights. The worker's appeal was allowed, establishing initial entitlement for an inhalational injury due to workplace diesel exhaust exposure in 2022, with benefits to be determined by the WSIB.