Canadian Safety Reporter

5 Canadian HR Reporter, a Thomson Reuters business 2018 News | January 2018 | CSR Denial of workers' compensation claim for lung disease sent back for reconsideration Tribunal originally found worker's silicosis was related to occupational exposure to silica dust, but said claim was for worker's lung transplant that was unrelated BY JEFFREY R. SMITH A BRITISH COLUMBIA worker is getting a re-evaluation of his claim for workers' compensa- tion benefits for a lung disease after an appeals tribunal agreed his condition was from occupa- tional exposure to silica dust but said the claim was for a lung op- eration. Sergey Goik, 54, was a stone finisher who worked for At- las Stone Products in Burnaby, B.C., from 2007 until 2011. His job with Atlas involved cutting and polishing marble, which fre- quently generated silica dust in the air around him. During his time with Atlas, Goik began experiencing chest pains and shortness of breath. In July 2011, he went on vaca- tion in Israel — where he has citizenship — to take a break. After he arrived in Israel, he had to go to a hospital, where he was diagnosed with severe respira- tory failure due to silicosis — a lung disease caused by inhaling siliceous particles. Doctors soon determined that he needed to have a double lung transplant. Goik wasn't able to fly because of his condition, so he remained in Israel for one year while he waited for donor lungs to be- come available. On Oct. 1, 2017, Goik underwent successful double-lung transplant surgery in Israel. A lung biopsy revealed fibrosis in his lungs. Cause of disease uncertain In March 2013, Goik made a workers' compensation claim for "worker-asbestos-related disease. However, the B.C. work- ers' compensation board (WCB) case manager working on Goik's case was unable to contact the doctors in Israel who treated and operated on him. As a result, the case manager had to consult an internal WCB medical advisor who wasn't involved in Goik's treatment. The advisor also didn't examine Goik. The internal medical advisor stated that Goik's lung fibrosis was of "unknown origins" and had an "unknown cause." The advisor noted that the biopsy "raises the concern" about sili- cosis causing the lung fibrosis but also said it could be related to Goik's rheumatoid arthritis or the medication he was taking for it. The advisor later cautioned that her information was limited due to the lack of contact with Goik's physicians, but deter- mined that silicosis was not "the culprit" for his fibrosis. The WCB case manager de- termined that there was "insuf- ficient medical evidence" to con- clude Goik developed silicosis prior to his lung transplant and denied Goik's claim. The WCB review division de- nied Goik's request for review, confirming that "based on the available evidence, I find that the worker's lung disease and need for bilateral lung transplants is not as a result of silicosis." Goik appealed to the Workers' Compensation Appeals Tribu- nal because "silicosis is compen- sable." He was also able to obtain a medical report from the doctor who performed the double-lung transplant surgery, which stated: "This is a worker who, during his work for many years, developed severe silicosis, which caused respiratory failure that required lung transplantation. His expo- sure to marble mainly of Caesar stone type, which contains high concentrations of silica resulted in lung functioning decline until it reached the level that required lung transplantation. Therefore the patient should be recognized as suffering from an occupation- al disease of silicosis." The surgeon also noted that Goik's rheumatoid arthritis was caused by exposure to silica and the medication that contributes to fibrosis of the lungs was dis- continued. The tribunal consulted the medical advisor, who reiterated her opinion that the cause of Goik's fibrosis was unclear and the evidence didn't confirm the lung transplant was the result of silicosis. The advisor also main- tained that the rheumatoid ar- Worker seeking > pg. 7 Credit: Shutterstock/TippaPatt Case manager was unable to contact doctor who performed double lung transplant

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