There once was a man who worked for a city. Let香蕉视频直播檚 call him Peter.

Peter香蕉视频直播檚 job involved operating an excavator to move dirt around the employer香蕉视频直播檚 yard to make topsoil.

The soil arrived at the yard from different areas of the city, including material dredged from ditches, sometimes called 香蕉视频直播渄itch slop.香蕉视频直播� Then it was composted, compressed into topsoil, and sent out again for other uses.

A week before Halloween, Peter developed flu-like symptoms. He became increasingly unwell.

He was diagnosed with Legionnaire香蕉视频直播檚 disease, a form of atypical pneumonia caused by Legionella bacteria. He was in an induced coma for 10 days. After more than three weeks, he was discharged from hospital.

A claim was filed with the Workers香蕉视频直播� Compensation Board, operating as WorkSafeBC (WCB).

The claim was accepted.

Initially, the employer did not object to WCB香蕉视频直播檚 acceptance of the claim but later, through counsel, it appealed to the Workers香蕉视频直播� Compensation Appeal Tribunal (WCAT).

RELATED: Kootnekoff: Drug Impaired Driving in Canada: Who 香蕉视频直播榊a Gonna Call?

The issue was whether Peter香蕉视频直播檚 Legionnaire香蕉视频直播檚 disease was an occupational disease that arose due to the nature of his employment.

If it was, he was covered. If it was not, he would receive no compensation.

A physician at the hospital advised that Peter had most likely contracted his disease at work, given that this type of bacteria is associated with soil and composts.

Peter did not wear protective equipment at work.

He normally worked in machines with enclosed air-conditioned cabs. He washed the equipment with a firehose, and cleaned the filters with compressed air, generally alone at the end of his shift. It was not known whether he used any respiratory protection when cleaning.

His was an isolated case.

The WCAT found that his work involved hand-to-soil contact and exposure to aerosolized water while washing the machines.

Neither party provided any soil samples or filter tests to establish the presence or absence of the problematic bacteria.

Instead, the employer sought to argue that Peter香蕉视频直播檚 condition arose not from his employment, but rather from bacteria contracted from the pumpkins he had carved at home.

Peter香蕉视频直播檚 family had a tradition every Halloween of carving approximately 100 pumpkins for an annual Halloween display at their home.

In the proceeding, almost every detail of the pumpkin carving process was dissected. The nursery where the pumpkins were purchased. The manner in which Peter香蕉视频直播檚 wife brought them home. A subsequent photograph from the nursery that showed pumpkins with dirt stains. The cutting board he used. The wife香蕉视频直播檚 Facebook posts. Virtually no stone was left unturned.

RELATED: Kootnekoff: Sexual Harassment at Work

Thankfully for him, Peter wore latex gloves when carving pumpkins. Simply to keep his hands from turning orange and making for easier clean-up. Not because of a fear of bacteria.

In the end, the WCAT found that it was 香蕉视频直播渁s likely as not香蕉视频直播� that Peter香蕉视频直播檚 Legionnaires香蕉视频直播� disease was an occupational disease due to the nature of his employment. It denied the employer香蕉视频直播檚 appeal.

Can we glean any 香蕉视频直播渕orals香蕉视频直播� from this story?

Well, one may be that the employer had the onus.

WCB cases involve a unique standard of proof: the 香蕉视频直播渁s likely as not香蕉视频直播� standard. Under the Workers香蕉视频直播� Compensation Act (B.C.), if the evidence supporting different findings on an issue is evenly weighted, the WCB must resolve that issue in a manner that favours the worker.

So, employers, if you wish to challenge WCB claims, be aware of this standard. If the worker香蕉视频直播檚 claims are 香蕉视频直播渁s likely as not香蕉视频直播�, the worker will normally prevail. Have your ducks in a row as early as possible.

At the same time, employees should not be smug. WCB matters can be complex, due in no small part to medical issues, legal issues, and a vast array of ever changing policies and guidelines.

In the meantime, we should all be mindful and safe, both at work and in our personal activities, whether they be pumpkin related or not.

The content of this article is intended to provide very general thoughts and general information, not to provide legal advice. Specialist advice from a qualified legal professional should be sought about your specific circumstances. If you would like to reach us, we may be reached at 250-764-7710 or info@inspirelaw.ca . Check out our website, www.inspirelaw.ca.

To report a typo, email:
newstips@kelownacapnews.com.

newstips@kelownacapnews.com
Like us on and follow us on .