- Raynaud's phenomenon
- Parties (accident employer)
- Apportionment (Schedule 2 employers)
The worker began employment as a plumber with the current employer (a Schedule 2 employer) in January 2018. Symptoms of numbness, tingling, and joint stiffness in the hands led the worker to seek medical attention in August 2019. The worker reported gradual development of symptoms over years and exposure to vibratory tools throughout a 30-year career in plumbing and pipefitting. An occupational disease adjudicator granted initial entitlement for HAVS and noted that the worker's current employment was not the sole cause of the condition. The worker was diagnosed with moderate to severe vascular HAVS in October 2019.
The employer appealed the decision that granted entitlement and objected to being the employer on record responsible for the claim. The employer argued that the worker's prior employment, which involved longer exposure to vibratory tools, should bear responsibility for the claim costs, not the current employer. The employer also sought cost relief based on the Second Injury and Enhancement Fund (SIEF) policy, which they argued should apply.The Vice-Chair denied the appeal.Policy 16-01-05 outlines criteria for entitlement, including at least two years of continuous exposure to high-frequency vibratory tools and medical confirmation by a specialist. SIEF applies only to Schedule 1 employers and not to Schedule 2 employers like the current employer.The Vice-Chair found the worker met both criteria for initial entitlement to HAVS. The worker's exposure history was consistent across medical reports and employment records. Although the worker had prior exposure and possibly some symptoms before the current employment, there was no evidence of lost work time or medical treatment for HAVS before July 2019. The worker's employment with the current employer likely made a significant contribution to the onset of HAVS.The Vice-Chair held that the claim was appropriately assigned to the current employer on record, a Schedule 2 employer. There is no provision under the WSIA or WSIB policy to apportion costs between Schedule 2 and Schedule 1 employers or to grant cost relief to Schedule 2 employers through SIEF. The Vice-Chair recognized the employer's argument that it is unfair to bear full liability but concluded that the Act and policies must be followed. The date of injury was correctly set as August 28, 2019, when the worker first sought medical attention for HAVS symptoms. There was sufficient evidence to determine that the worker's employment with the current employer was a significant contributing factor to the disease.