Policy
Mesothelioma of the pleura or peritoneum is an occupational disease under sections 2(1) and 15 of the Workplace Safety and Insurance Act, as peculiar to and characteristic of a process, trade, or occupation involving exposure to asbestos.
If the worker was employed in Ontario in a mining, milling, manufacturing, assembling, construction, repair, alteration, maintenance or demolition process involving the generation of airborne asbestos fibres at or before the date of being diagnosed with mesothelioma, mesothelioma is conclusively deemed to be due to the nature of the employment.
Guidelines
Entitlement
Claims for mesothelioma are allowed if it is established that the worker
- has a histopathologically confirmed diagnosis of primary malignant neoplasm of the mesothelium of the pleura or peritoneum, and
- has worked in any mining, milling, manufacturing, assembling, construction, repair, alteration, maintenance or demolition process involving the generation of airborne asbestos fibres.
Application date
Mesothelioma was entered into Schedule 4 on May 28, 1992. An irrebuttable presumption that the mesothelioma is due to the nature of the employment applies to all claims with diagnosis dates on or after May 28, 1992.
Document History
This document replaces 04-04-15.
References
Legislative Authority
Workplace Safety and Insurance Act, 1997, as amended
Sections 2(1), 15, 94
O.Reg 175/98
Schedule 4
Minute
Board of Directors
#8(XXV), June 10, 2004, Page 6620