Articles 2020

This article explores Decision No. 831/22 which addressed the issue of trying to read the WSIB's operational policies together with the AMA Guides to rate a worker's permanent impairment when a worker has overlapping physical brain injuries and psychological injuries.

This article provides key highlights of the recent OBA program focused on vulnerable workers in Ontario's workers' compensation system.

This article reviews the finding in Decision No. 240/22I that the statutory requirement within section 13.1(5) -- that a worker "must" file a claim by July 1, 2018 -- is not mandatory. The article examines how the Vice-Chair goes on to read discretion into the statutory language.

This article provides a summary and key highlights of the WSIAT's recent stakeholder event. This summary is useful for those who appear at the WSIAT.

This article provides an update on the winner of the 2022 Ron Ellis Award.

This article provides an update on the Workplace Safety and Insurance Appeals Tribunal's Decision No. 1169/20I2, an appeal adjudicating the issue of deeming within the Ontario labour market for workers within the Seasonal Agricultural Worker Program.

This article highlights Decision No. 1483/21 as a reminder to advocates of the documents that must accompany an expert report. Without the appropriate accompanying documents, advocates risk their expert reports being given little or no weight in the weighing of evidence.

This article reviews a recent split decision from a panel of the WSIAT, whereby a majority composed of the side members denied a worker's appeal for entitlement to Chronic Mental Stress. The Vice-Chair would have allowed entitlement. The decision highlights how the weight given to subjective evidence can impact the outcome of CMS appeals.

This article provides a summary of the recent Ron Ellis Symposium hosted by the Workers' Compensation Section of the OBA. The symposium highlighted the career and impact of Ron Ellis on Ontario's workers' compensation system in Ontario and his importance within administrative law.

This article provides highlights and a summary of information shared by the WSIAT at its September 28, 2022 Stakeholder Event. Updates include announcements about upcoming changes to Tribunal process and practice with the Tribunal also providing a summary of several new and noteworthy decisions.