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FUNDS CONTINUE TO POUR IN FOR FAMILY Teen’s sister speaks about her close bond with her sibling
THURSDAY, APR. 4, 2013
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Justice sends cancer cluster case back A B.C. Supreme Court justice has sent a workers compensation tribunal decision regarding a cancer cluster at Mission Memorial Hospital (MMH) back to that appeals body. The Workers’ Compensation Board initially said the breast cancer cases of Patricia Schmidt, Katrina Hammer and Anne MacFar-
lane were not caused by their work at MMH’s lab, but a Workers’ Compensation Administrative Tribunal (WCAT) disagreed in 2010 and 2011. The WCAT hears workers’ compensation appeals and is independent of WorkSafeBC. Fraser Health Authority disputed the tribunals’ decision, and Justice John Savage’s judgment
was released this past Tuesday. The FHA wanted the case dismissed, but Savage said sending it back to WCAT would allow them to hear any new evidence that might alter the decision. Savage wrote that the WCAT’s decision was “patently unreasonable and cannot stand” and that, “There was no positive evidence that the
petitioners’ cancer was caused by occupational factors.” He also noted that “a higher-than-expected rate of cancer in a workplace cannot alone provide evidence that the cancer was caused by occupational factors” given the Occupational Health and Safety Agency for Healthcare in B.C. (OHSAH) report into the
issue states clusters of cancer in a workplace are statistically certain to arise in various places and times. OHSAH conducted an investigation and released its findings March 2004 after 11 employees at MMH were found to have cancer; seven of them breast. It concluded that the risk factors were no longer present
at the hospital, and that the increased incidence of cancer could not be determined, but could have been due to: • past exposures to chemical carcinogens or, less likely, ionizing radiation; • a statistical anomaly; or • reproductive or other non-occupational risk factors.
The air intake vent of the hospital lab was located near the incinerator smokestack where medical waste used to be burned. The OHSAH report noted that medical incineration of infectious wastes and plastics is a public concern. Mission’s incinerator was decommissioned in 1994. - with Record files
Building permit likely issued this week: CAO BY CAROL AUN Mission Record
And the hunt begins Chocolate loving 10-12 yr olds are unleashed in the quest for more Easter treats last Sunday at Fraser River Heritage Park for the annual Elks Easter Egg Hunt. BOB FRIESEN PHOTO
A B.C. Supreme Court ruling last week will see the District of Mission issue a building permit for a medical clinic and pharmacy on First Avenue. Mission’s chief administrative officer, Ken Bjorgaard, expects it will be sent out this week. A lawsuit was filed on June 25, 2012, and concluded recently. Bjorgaard says he doesn’t yet know how much the process has cost taxpayers as the district is still waiting for all the costs to come in. The petitioners were granted their court costs. Last year the District of Mission council passed a bylaw prohibiting pharmacies and medical clinics in the downtown core, which prompted legal action from numbered company 0773184 B.C. Ltd. The company had purchased the property at 33133 First Ave. before the zoning change and said the district was aware of its intended use and received assurances such an operation was allowed, according to statements
filed in court. Mission realtor Bill Campbell, who was the purchasing agent, said he was “happy to hear the news. I suspected this would be the result, and I’m happy it turned out this way for my clients.” Mission Coun. Nelson Tilbury, who has a background in real estate, was one of two councillors who opposed the bylaw last year. Coun. Jenny Stevens also voted against the change. “If we make statements as a realtor, we’re held to account,” said Tilbury. “The same applies to cities and municipalities.” Changing the zoning after a business has already told you what they want to do and spent money on renovations is morally wrong, said Tilbury, adding, “As it turns out, it’s legally wrong too.” Tilbury said he understood where the opposition was coming from, and pointed out there were a lot of unfounded rumours circulating. Other councillors claimed restricting pharmacies in the area was part of the downtown revitalization process.
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