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To 65 or Back to the (Drawing) Board? To Be Determined
John Bartolomeo, lawyer/co-director, Workers' Health and Safety Legal Clinic | October 16, 2023
This article reviews the reconsideration outcome of WSIAT's Decision No. 243/21R which addressed a Tribunal order to provide loss of earnings benefits to the worker to age 65.
Learn moreEmployer Cost Relief in the Context of a Worker's Substance Abuse
Cassandra Ma, legal counsel, Bell Canada | October 16, 2023
This article contains a review of WSIAT Decision No. 339/23 in which an employer sought cost relief (SIEF) for a worker's compensable fatal motor vehicle accident caused by the worker's impaired driving.
Learn moreBenefit Annual Indexing: Outcome of judicial review in Grisales v. WSIB
Nikki Banwait, Lawyer, Filion Wakely Thorup Angeletti LLP | October 16, 2023
This article provides a summary of the Divisional Court's decision in Grisales v. WSIB, in which the worker sought court review of the WSIB's method of calculating the consumer price index (CPI) for the purposes of the annual indexation of benefits.
Learn moreWSIAT Stakeholder Event, September 2023: Highlights and Summary
Teresa A. Gianfelice, Office of the Worker Advisor | October 16, 2023
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.
Learn moreDecision No. 240/22I: Finding discretion in a statutory "must"
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.
Learn moreDeeming and the Seasonal Agricultural Worker Program: Updates from Decision No. 1169/20I2
Teresa Gianfelice | March 02, 2023
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.
Learn moreReminders on the Use of Expert Reports from Decision No. 1483/21
Alanna Mihalj | March 02, 2023
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.
Learn moreRon Ellis Symposium, June 21, 2022: Highlights of an Extraordinary Career
Alec Farquhar | October 20, 2022
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 and his importance within administrative law.
Learn moreThe Subjective Element of the Workplace Harassment Test and Decision No. 35/22
Kira Clarke | October 20, 2022
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.
Learn moreWSIAT Stakeholder Event: Highlights and Summary
Michael Edmonds | October 16, 2022
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.
Learn moreThe Right of Family Members to Sue in Respect of a Workplace Fatality
Cassandra Ma, Filion Wakely Thorup Angeletti LLP | April 08, 2022
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?
Learn moreSending Documents to and Receiving Documents from the WSIAT Electronically
Sarah Schumacher, Workplace Safety and Insurance Appeals Tribunal | April 07, 2022
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.
Learn moreReview: Workers’ Compensation Case Law Update, Morningstar v WSIAT
Julie Weller, Mathews Dinsdale | February 14, 2022
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.
Learn moreThe Weighty Impact of Obesity on Workers’ Compensation Claims Costs
Cassandra Ma, Canada Post Corporation | October 22, 2021
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.
Learn moreWill the WSIB Grant Entitlement for a COVID-19 Vaccine?
Cassandra Ma, Canada Post Corporation | July 03, 2021
What happens when a worker receives a COVID-19 vaccine as a mandatory requirement of their employment and suffers a serious and unexpected reaction? Cassandra Ma summarizes WSIB's new guidelines on the adjudication of COVID-19-related benefits.
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