Judge says former Giant Mine employee has an 'arguable case'
Petersen says he woke up 'paralyzed' after cleaning up spill without protection
Evan Kiyoshi French
Northern News Services
Friday, February 26, 2016
SOMBA K'E/YELLOWKNIFE
A former Giant Mine employee pursuing a 30-year-old claim that he was left paralyzed after being exposed to arsenic during a clean-up operation at the mine says he is feeling "happy" after a judge told him he has an arguable case last Friday.
Steve Petersen, 64, exits the Yellowknife courthouse having heard a judge say he has an "arguable case" in his claim that he was exposed to arsenic while cleaning up a spill at Giant Mine in 1988. - Evan Kiyoshi French/NNSL photo |
Sixty-four-year-old Steven Petersen - who claims he awoke paralyzed the morning after his exposure to arsenic while cleaning up a spill without protective equipment in 1988 - said he felt good having heard the positive assessment of his case on Friday by NWT Supreme Court Judge Andrew Mahar.
Petersen is attempting to have his case heard by an appeals board with the NWT and Nunavut Workers' Safety and Compensation Commission which has so far denied him an avenue to present it.
"I'm happy at least I get another chance," he said outside the courtroom.
"Justice is justice. This was phase one. At least it looks like the court feels there's merit to what I'm saying."
Petersen has told the court he continues to suffer from the symptoms of an undefined condition, and while no doctors have been able to tell him exactly what his illness is, he exhibits the symptoms of acute transverse myelitis, an inflammation of the spine, he said.
Although he did not provide a reasoning in court, Mahar told Petersen on Friday - who is representing himself - "there is an arguable case" and that he would take him at his word that he will continue to pursue the matter. Petersen's claim was initially denied because of lack of evidence linking his condition with exposure to arsenic.
On Feb. 10, the compensation commission's lawyer Shirley Walsh told court the fact that Petersen was able to quickly return to work after making an initial claim showed the financial impact of his illness was minimal, and pointed out there had been a period of time - about three years - during which Petersen did not pursue the claim.
The compensation commission decided not to re-open his claim in 2011 and Walsh said his window to appeal expired after 30 days.
On Friday, Mahar said he will confer with a senior judge to discuss how to proceed.
"There were numerous delays during that time which were not Mr. Petersen's fault," he said. "I will confer with a senior judge to discuss how to proceed."
The case is back in court April 22.
