BC Workers Compensation Appeals Tribunal Decisions Related to COVID-19 June 30, 2022 Sarah Schumacher, Workplace Safety and Insurance Appeals Tribunal A summary of some of the cases from the BC WCAT in relation to whether COVID-19 is compensable under the workers’ compensation system.
Summary of WSIAT Stakeholder Event of May 25, 2022 June 30, 2022 Teresa Gianfelice, Office of the Worker Advisor Point-form summary of what was discussed at the Workplace Safety and Insurance Appeals Tribunal's (WSIAT or Tribunal) Stakeholder event on May 25, 2022.
The Right of Family Members to Sue in Respect of a Workplace Fatality April 08, 2022 Cassandra Ma, Filion Wakely Thorup Angeletti LLP It is well known that workers’ compensation benefits are in lieu of the accident-related damages that can be civilly claimed by a worker or their estate. What happens, however, to the rights of action held by family members who are not part of a deceased worker’s estate or dependents? Do these family members retain the right to commence civil litigation in respect of a work-related fatality?
Sending Documents to and Receiving Documents from the WSIAT Electronically April 07, 2022 Sarah Schumacher, Workplace Safety and Insurance Appeals Tribunal Learn how the Workplace Safety and Insurance Appeals Tribunal (WSIAT) sends and receives documents electronically and where you can find more information on the WSIAT's E-Share and E-File services.
A Review of the Demers Report on Using Scientific Evidence and Principles to Help Determine the Work-relatedness of Cancer February 14, 2022 Alec Farquhar Learn about the key recommendations from the Demers Report and how these recommendations are being implemented for workers compensation cases in Ontario to help determine the work-relatedness of cancer.
Review: Workers’ Compensation Case Law Update, Morningstar v WSIAT February 14, 2022 Julie Weller, Mathews Dinsdale The following paper provides a high level overview of the Morningstar v. WSIAT Case Law Update program. Helpful information was provided by both worker side and employer side representatives including an overview of the law now and helpful tips for workplace parties who find themselves representing clients before the WSIAT on a Section 31 Application based on a constructive action decision that is based on mental stress caused by harassment or bullying.
The 2021 Ron Ellis Award for Excellence in Workers’ Compensation Law February 14, 2022 Julia Noble, Office of the Counsel to the Chair, Workplace Safety and Insurance Appeals Tribunal Overview of the 2021 Ron Ellis Award for Excellence in Workers' Compensation Law Event on October 26, 2021 where Rosemarie McCutcheon, Chair of the Workplace Safety and Insurance Appeals Tribunal, received the award.
WSIAT Stakeholder Event of January 27, 2022 February 14, 2022 Teresa Gianfelice, Office of the Worker Advisor Point-form summary of what was discussed at the Workplace Safety and Insurance Appeals Tribunal's (WSIAT or Tribunal) Stakeholder event on January 27, 2022.
Constructive Dismissal and the Right to Sue: Morningstar v WSIAT et al, 2021 ONSC 5576 October 22, 2021 Michelle Alton and Rosie Basa, Tribunal Counsel Office, Workplace Safety and Insurance Appeals Tribunal This article summarizes the divisional court's decision in Morningstar v. WSIAT and the history of the decisions at the WSIAT.
The Weighty Impact of Obesity on Workers’ Compensation Claims Costs October 22, 2021 Cassandra Ma, Canada Post Corporation This article examines the strategy for employers in reducing claim costs by characterizing obesity as a pre-existing condition for the purposes of claiming cost relief from the Second Injury and Enhancement Fund (SIEF). In reviewing recent caselaw from the WSIAT this article finds that obesity will be grounds for SIEF cost relief only where treating physicians have linked a worker's obesity to the work-related injury or its treatment.