WSIB reverses decision on 30 occupational disease claims against General Electric Peterborough

Labour advocates in Peterborough are celebrating the move made by the Workplace Safety and Insurance Board to reverse the decision on 30 previously denied occupational claims made by former General Electric employees and family members.

The workers — or their survivors — had sought compensation after arguing that long-term exposure to toxic chemicals at the GE Peterborough plant made them sick.

Roger Fowler, a former GE employee and member of the UNIFOR retirees’ advisory committee, often assists claimants with filing their WSIB claims, says his phone has been ringing off the hook since the announcement.

“Thirty cases out of 47 have been overturned,” said Fowler, who fought back tears.

Tweet This Click to share quote on Twitter: "Thirty cases out of 47 have been overturned," said Fowler, who fought back tears.

Fowler says it’s a bittersweet moment but one that signals progress in the action to get compensation for workers who say they became ill from decades of exposure to toxic conditions inside the plant.

Fowler credits a report by health researchers Bob and Dale DeMatteo that outlines the extent of chemical exposure at the plant as a key factor to the new reviews.

“It’s all the work we’ve done, everything,” said Fowler. “They are using the book (DeMatteos’ report) and they are using all the new evidence, all the photos I have forwarded, all the newspaper articles and they are using all that evidence.”

The 30 cases which were initially denied by the WSIB then reversed, illustrates a major breakthrough for the General Electric employees and their families, says Fowler.

Fowler’s own occupational disease claim was denied, but he indicates his case is in front of a tribunal.

The former plant employee has battled colorectal cancer and is dealing with other medical issues including kidney disease which he claims was caused by working in close proximity to chemicals and asbestos inside the plant.

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“A great deal of work has led us to this point but we understand much more work is ahead,” said Fowler. “But I get a lot of pleasure out it.”

He’s also helping others navigate the system and file their claims and says four new people have reached out with new cases they want to file. Fowler says it’s an emotional job but something he’s passionate about and it finally appears the work and energy are paying off.

“The burden of proof has now changed from the worker having to prove it to now the WSIB has to prove that we didn’t get sick in there … and they can’t,” he said.

Tweet This Click to share quote on Twitter: "The burden of proof has now changed from the worker having to prove it to now the WSIB has to prove that we didn't get sick in there … and they can't," he said.

The WSIB is investigating more than 250 claims by former GE employees and their families and suggest all claims should be finalized by mid-2018. In August, GE announced the plant will be closing in the fall of 2018, putting 350 people out of work.

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Labour advocates warn the rest of the cases will be more complicated and it’s unlikely the percentage of reversals will remain that high.

“They are doing the easy ones right now, so it looks like a reasonable percentage of success,” said Marion Burton with the Occupational and Environmental Health Coalition of Peterborough.

“The next ones are going to be more difficult and the success rate is going to go down.”

The WSIB encourages all past employees with health concerns to get in touch with them.

“Some of these claims date back quite a few years and since then there has been new scientific research that might link specific illnesses to different chemicals or the amount of exposure that they had,” said WSIB spokesperson Aaron Lazarus.

Tweet This Click to share quote on Twitter: "Some of these claims date back quite a few years and since then there has been new scientific research that might link specific illnesses to different chemicals or the amount of exposure that they had," said WSIB spokesperson Aaron Lazarus.

“So our knowledge about what kind of exposure there was and what that level of exposure leads to in terms of illness has changed and evolved just as science has evolved.”