Articles 2025

Today
Today

WSIAT Stakeholder Event, September 2023: Highlights and Summary

  • October 16, 2023
  • Teresa A. Gianfelice, Office of the Worker Advisor

This article provides a summary of key information provided at the Workplace Safety and Insurance Appeals Tribunal's stakeholder information event held on September 14, 2023.

Student Forum, Workers' Compensation

Decision No. 240/22I: Finding discretion in a statutory "must"

  • April 14, 2023
  • Kira Clarke

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.

Student Forum, Workers' Compensation

Reminders on the Use of Expert Reports from Decision No. 1483/21

  • March 02, 2023
  • Alanna Mihalj

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.

Student Forum, Workers' Compensation

The Subjective Element of the Workplace Harassment Test and Decision No. 35/22

  • October 20, 2022
  • Kira Clarke

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.

Student Forum, Workers' Compensation