An occupational disease is any disease that is peculiar to or characteristic of a particular industrial process, trade or occupation. Occupational diseases or related disablements may have occurred over time and may have resulted from an exposure with one employer or from multiple exposures at various workplaces.
WorkSafeNB makes decisions on acceptance of all claims, including occupational disease claims, using Section 7 of the Workers’ Compensation Act (WC Act) and Policy 21-100 Conditions for Entitlement – General Principles. However, given the complexity of occupational diseases, this policy provides additional information for decision-making on occupational diseases.
Specifically, guidance is provided to inform:
To determine the existence of an occupational disease at the population level, WorkSafeNB relies on two approaches:
Regardless of the approach, occupational diseases must undergo WorkSafeNB’s adjudication process to determine if the disease arose out of and in the course of employment.
To make a decision on the claim, WorkSafeNB gathers and analyzes all information related to the claim, as per Policy 21-113 Decision-making. WorkSafeNB considers medical evidence to be the most important information for establishing if a work-related exposure could have caused the disease. When the preponderance of all the evidence weighs more heavily towards that the disease is an occupational disease that arose out of and in the course of employment, the claim is accepted.
For more information on the types of medical and scientific literature WorkSafeNB accepts, see Policy 25-014 Medical Aid Decisions.
For the decision-making process for occupational hearing loss claims, please see Policy 21-112 Occupational Hearing Loss and for infectious diseases claims, please see Policy 21-109 Conditions for Entitlement – Infectious Diseases.
Determining an occupational disease at a population level
1. WorkSafeNB primarily consults Appendix A to confirm the diagnosed illness as an occupational disease. If the disease is not listed in the appendix, WorkSafeNB applies the Bradford Hill criteria to determine a potential causal link between exposure and disease.
2. The Bradford Hill criteria is a tool that was developed to interpret epidemiological evidence of a general causal relationship between exposure to an agent and the disease. WorkSafeNB applies the Bradford Hill criteria to its analysis of medical and scientific literature to determine any causal association between the exposure and the disease. Specifically, WorkSafeNB uses this criteria to determine:
3. Bradford Hill’s strength of association criteria is measured using the attributable risk fraction to determine whether it is more likely than not that the type of occupational exposure reported is capable of causing the disease in the general population. An Attributable Risk Fraction of:
Determining if the specific exposure caused the worker’s disease
4. Population-level information plays a key role in WorkSafeNB's decision-making process. However, even with strong evidence of causality at the population level, the worker’s specific exposure and individual circumstances must be considered.
5. In addition to the information at the population level, WorkSafeNB examines the specific facts and information of the worker to determine if it is reasonable that the individual disease arose out of and in the course of employment, including:
6. WorkSafeNB reviews all information on file to assess its reliability and relevance. Information deemed both reliable and relevant is admitted as evidence for the purpose of determining:
7. Occupational diseases commonly involve mixed causation. Occupational exposure need not be the sole or primary cause of a disease. Entitlement may be established where, on a preponderance of evidence, occupational exposure materially contributed to the development or clinical manifestation of the disease, consistent with Section 7 of the Workers’ Compensation Act.
Date of accident
8. For occupational disease, other than occupational hearing loss, the date of accident is the date of disablement. When there is no evidence of disablement, WorkSafeNB uses the date of diagnosis as the date of accident. For more information, please see Policy 21-106 Accident Reporting and Application for Benefits.
7(1), 7(2), 7(2.1), 85(1), 85(1.1), 85(2), 85(3)
Regulation 84-66 – General Regulation – Workers’ Compensation Act
Accident - includes a wilful and intentional act, not being the act of a worker, and also includes a chance event occasioned by a physical or natural cause, as well as a disablement caused by an occupational disease and any other disablement arising out of and in the course of employment, but does not include the disablement of mental stress or a disablement caused by mental stress, other than as an acute reaction to a traumatic event (Workers’ Compensation Act)
Attributable Risk Fraction – is a figure derived from the population measuring overall strength of association and is a measure of the proportion of cases of the disease that are reasonably attributable to the exposure.
Preponderance of evidence – the most persuasive and impressive information on one side of a case that outweighs the information on the other side. A preponderance of evidence is not decided on the quantity of information alone, but on the significance and strength of the evidence as well.