While there are a few cases in other states awarding benefits for work-related skin cancer, I’m not aware of any case law in Minnesota awarding workers’ compensation benefits for skin cancer as a result of a workers’ exposure to the sun. Please, if I am incorrect, and you are aware of a case awarding benefits, let me know by emailing me or posting a comment below.
In my opinion, some factors that would come into play in determining the compensability of sun-exposure related skin cancer would include:
- The strength of medical causation opinions, both for and against.
- The length of time the employee worked in an occupation involving sun exposure.
- Alternative personal risk factors, including smoking, family history, etc.
- The location of the skin cancer, i.e., did it develop in a particular spot that is always exposed to the sun as a result of work activities?
- Other sun exposure history, i.e., outdoor recreational activities, tanning, sun bathing, etc.
Regardless of whether skin cancer is covered under workers’ compensation or not, it is preventable. Employees who work outdoors should always take precautions to avoid excessive sun exposure.
- If possible, avoid sun exposure between 10 am and 2 pm.
- Apply high SPF sunscreen prior to sun exposure, and re-apply often.
- Wear a hat and a long-sleeve shirt.
- Wear sunglasses.
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