LEGAL VICTORIES FOR ONTARIO PUBLIC HEALTH NURSES DIAGNOSED WITH SICK BUILDING SYNDROME, MULTIPLE CHEMICAL SENSITIVITY, CHRONIC FATIGUE SYNDROME, AND FIBROMYALGIA CAUSED BY OCCUPATIONAL EXPOSURES TO VOLATILE ORGANIC COMPOUNDS AT THE WORKPLACE SAFETY

TORONTO, September 6, 2024
- RCR Legal Services Professional Corporation acted in recent cases before the Workplace Safety and Insurance Appeals Tribunal (WSIAT) that led to the issuance of Decision Nos. 953/21 and 954/21 on August 21, 2024.

In these proceedings, on behalf of two public health nurses, Bruce Zevallos successfully argued that their occupational inhalation exposures to excessive levels of volatile organic compounds (VOCs) off gassing for nearly 14 months significantly contributed to the onset and development of Sick Building Syndrome (SBS), followed by Multiple Chemical Sensitivity (MCS) with associated Chronic Fatigue Syndrome (CFS), and Fibromyalgia (FM).

Our firm began representing these two public health nurses after their health care sector union hired us to help them address the considerable legal challenges they faced with Workplace Safety and Insurance Board (WSIB) adjudicators. These WSIB adjudicators refused to recognize the nurses' diagnoses of SBS, MCS, CFS, and FM as work-related conditions resulting from exposure to elevated levels of VOCs. Their adverse conclusions were based on the unsupportive medical opinions from WSIB’s own medical consultants.

Despite obstacles from WSIB adjudicators, and the obstacles with the employer and third-party contractor, who withheld crucial VOC exposure documentation, our firm successfully secured subpoenas through preliminary proceedings at WSIAT. This action uncovered vital evidence including email exchanges, meeting records, coworker complaints, and results from air quality and carpet tile testing supporting the conclusion that the excessive VOC levels were due to the breakdown of carpet glue backing, caused by moisture from the concrete slab below. Additionally, the same evidence revealed defects in the HVAC system in the newly built health unit from June 2010 onwards, which also contributed to the increased exposure to VOCs and high indoor humidity levels experienced by the nurses.

In support of our positions, we relied on both the unsolicited medical evidence and solicited medical reports we successfully secured from Dr. John Molot, a physician with extensive background in dealing with MCS, CFS and FM and Dr. Pravesh Jugnundan, a diplomate in occupational medicine and physician at the Occupational Health Clinic for Ontario Workers Inc. Although these cases contained numerous conflicting medical opinions on the issue of causation, the Panel concluded that the majority of these medical opinions favoured the nurses' claims for SBS and MCS, along with associated secondary CFS and FM. Notably, Dr. Molot's substantial expertise in environmental medicine and his extensive background in dealing with MCS, CFS, and FM was pivotal in the Panel’s decision.

These rulings underscore the critical role of comprehensive exposure documentation, medical records, and expert medical opinions in proving a direct connection between workplace VOC exposure and the development of SBS and MCS, along with associated secondary conditions like CFS and FM.

These victories hold significant importance not only for these nurses, their Union and its membership, but also for setting legal precedents that acknowledge that an individual’s exposures to excessive levels of VOC for prolonged period can lead to the onset and development of SBS and MCS, along with associated secondary conditions like CFS and FM.

RCR Legal Services Professional Corporation, established in 2011, has a record of excellence in Workers’ Compensation law in Ontario. If your claim for WSIB benefits have been denied, we are ready to assist you in every aspect of your WSIB claim.

Contact me today to learn more about what we do.

Bruce Zevallos
(416) 222-2213
bruce@rcrlegalservices.com