Articles 2024

What happens when a worker has been dismissed for cause after they return to work following a compensable workplace accident? In Decision No. 233/20, the WSIAT adopts a contextual approach to addressing this issue and adjudicating post-termination entitlement to loss of earnings (LOE) benefits. In turn, the decision signals at further issue overlap between the jurisdictions of workers’ compensation agencies and the civil courts.

The Workplace Safety and Insurance Board ("WSIB") has confirmed that workers should file claims if they believe that they have contracted COVID-19 while at work. However, the rapid ease with which COVID-19 spreads through communities creates a unique adjudicative challenge. This article discusses the complex principles behind entitlement for WSIB claims pertaining to COVID-19.

2019 was yet another busy year for the Workplace Safety and Insurance Appeals Tribunal! This article covers some of the WSIAT's noteworthy cases from the last year, including its significant decisions in respect of chronic mental stress claims, the fatal claim premium adjustment, transfer of costs, and survivor benefits.

As the number of Ontario’s workers continues to grow, the WSIB heads into 2020 with continued commitment to providing transparent, accessible, and timely services. Along with the WSIB’s prioritization of service improvements, the WSIB 2020 Policy Agenda outlines process items that the WSIB will focus on over the next year.

The Workplace Safety and Insurance Appeals Tribunal recently ruled in Decision No. 1227/19 that a worker was statute-barred from pursuing a civil action in respect of alleged workplace harassment. This decision clarifies how work-related accidents and associated injuries may fall within the exclusive jurisdiction of the workers’ compensation benefits scheme.

The Workplace Safety and Insurance Board will be replacing its employer classification and premium system with a Rate Framework model effective January 1, 2020.