What is the employer’s response to a claim that a worker has been suffering from sleep problems for 15 years?

The employer’s representative submitted: [16.1] The weight of evidence does not support that the worker’s sleep difficulties arose out of or occurred during the course of his employment. [16.2] Hours of work are not considered a hazard of employment. [16.3] The worker had the option of booking various employment options, within the company, in order to alleviate any problems that he might have been experiencing. The worker deliberately chose to work in the position that he states caused his problems. He could have booked up to eight hours in an “away-from-home-terminal.” [16.4] The worker did not seek medical attention for 15 years. [16.5] As in the case of “Ross v. Michelin North America (Canada) Inc.,” there is no evidence that the worker’s sleep disorder was caused or aggravated by the requirements of the job. Simply because the condition manifests itself at work does not mean that it arose out of or occurred in the course of employment. [16.6] The worker’s sleep disorder is a personal characteristic, inherent to himself. Discussion