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Workers' Compensation Section Newsletter


Volume 16, No. 1 - September/Septembre 2011

In this issue
:
  • The 2011 Ron Ellis Award
  • New Work reintegration Policies
  • Health Professionals report (Form 8): A Proactive Approach to Claims Management

Volume 15, No. 2 - April/Avril 2011

In this Issue:

  • The WSIB Funding Review: Change is on the way!
  • Bill 160 Proposes Significant Amendments to the Occupational Health and Safety Act and Workplace Safety and Insurance Act
  • Wishing a Happy 25th Anniversary to the Workplace Safety and Insurance Appeals Tribunal

Volume 15, No. 1 - February/Fevrier 2011

In this Issue:

  • Message from Ann Somerville*, Outgoing Section Chair
  • Benefits Without a Loss of Earnings: The Calculation of LOE Benefits for Occupational Disease Cases
  • The WSIB’S Labour Market Re-Entry Services for Injured Workers
  • WSIB’s President Vows a Fair, Disciplined Service Delivery to Combat the $12 Billion Unfunded Liability
  • WSIB Return to Work Decisions: Are they Binding on the Human Rights Tribunal?
  • Nominations Open for OBA's Ron Ellis Award of Excellence

Volume 14, No. 3 - May/Mai 2010

In this Issue:

  • Is the “Burden of Proof” Framework Helpful to Advocates Before the WSIAT Given the Tribunal’s Investigative Powers?
  • To Sue or Not to Sue: That Raises Several Questions
  • Opinion: Analysis of the “Whole Person” Approach and Total Disability from a Worker Perspective
  • Upcoming Programs: Mark these Dates in your Calendar

Volume 14, No. 2 - January/Janvier 2010

In this issue:
  • Update on Paralegal Regulation
  • WSIB v. Commercial Spring and Tool: Judge Finds That The Law Means What It Says
  • Case Commentary on Plesner v. British Columbia Hydro and Power Authority (BCCA)
  • Dinner with the WSIB Chair
  • Upcoming Program: Emerging Issues in Workers' Right To Sue
     
Volume 14, No.1 - October/Octobre 2009

In this issue:
  • Case of Interest: Kamara v. Ontario (Workplace Safety & Insurance Appeals Tribunal), [2009] O.J. No. 2080
  • Plesner v. British Columbia (Hydro and Power Authority)
  • Ron Ellis Award Dinner
  • Message From The Chair
  • Upcoming Program: An Evening with the Chair of the WSIB - Monday, October 19th, 5pm
Volume 13, No. 2 - June/Juin 2009

In this issue:

  • Independent Operator Coverage Mandatory in Construction, but Not Trucking Industry
  • Bill 168: Workplace Violence and Harassment
  • Determining Work-Relatedness of Musculoskeletal Disorders
  • Current Issues in Workplace Safety and Insurance Law

Volume 13, No. 1 - December/Décembre 2008

In this Issue:
  • Message from the Editor
  • Independent Operators and Others Face Mandatory Coverage in the Construction Industry
  • Case of Note: Rodrigues
  • Cape Breton Development Corp. v. Nova Scotia (Workers' Compensation Appeals Tribunal)
  • Case Comment: Dionne v. Ontario Hyrdo
  • Ron Ellis Award Night 
Volume 12, No. 2 - April/Avril 2008

In this Issue:

  • Return to Work Reforms for the Construction Sector
  • Risk Exposure, Evaluation, and Response
  • Experience Rating Traumatic Death Penalty
  • Decision of Note: WSIAT Decision 1581/06

Volume 12, No. 1 - February/Février 2008

In this Issue:

  • Ron Ellis Award
    • Remarks from Professor Paul Weiler
    • Introduction Speech by David Brady
    • Speaking Notes by Ron Ellis
  • Case Comments
  • An Overview of Workers' Compensation

Volume 11, No. 4 - May/Mai 2007

In this Issue:

  • The Fair Practices Commission - Administrative Fairness Benchmarks and Recent Issues - by Janice Sandomirsky
  • To Hear or Not to Hear? An Employer's Workplace Safety and Insurance Guide to Noise-Induced Hearing Loss - by Luke T. Petrykowski
  • Ask an Expert - by Michelle Bird
  • Workers' Compensation Case Updates - by Michael Zacks

Volume 11, No. 3 - March/Mars 2007

In this Issue:

  • Crossing the "Fault" Line:  A Review of the Ohio Supreme Court's Decision in Gross - by Michelle Bird and Laura Lunansky
  • The Folly and Foe of Workplace Violence - by Luke T. Petrykowski 
  • Recent Tribunal Caselaw on "In the Course of Employment" - by Sarah J. Atkinson 
  • The Use of Epidemiological Evidence in the Workplace Safety and Insurance Litigation Process - by Luke T. Petrykowski 
  • A Call for Nominations for the Ron Ellis Award
  • Section Executive Nominations 2007-2008
  • Motion to Terminate LSUC Certified Specialist Program – URGENT
  • Fair Practices Commission Newsletter

Volume 11, No. 2 - January/Janvier 2007

In this Issue:

  • Update on Paralegal Regulation - by Kevin Brown
  • The Need for Employers' Due Diligence in an Experience-Rated Environment: A Discussion of Changes to the WSIB's Appeal System Practice & Procedures - by Lukasz T. Petrykowski
  • The Road to Zero - by Susan Adams
  • A Call for Nominations for the Ron Ellis Award
  • McKenzie v. British Columbia: Constitutional Protection of the Independence of Administrative Decision-Makers Recognized in Canadian Law - by Maryth Yachnin
  • 2005-2006 Section Chair's Review - a Newsletter Exclusive! - by Mike Johnston
  • An Advocacy Primer Concerning the Workplace Safety Insurance Board-Canada Revenue Agency (WSIB-CRA) Joint Registration Initiative - by Lukasz Petrykowski
  • Case Summary: Logan v. Nova Scotia (Workers' Compensation Board), 2006 NSCA 88 - by Susan Adams
  • Subscribe Now for Your Section's List Serve
  • Upcoming Program

Volume 10, No. 4 - May/Mai 2006 

In this Issue:
    • Sword or Shield: An Employer's Guide to the Accident Cost Transfer Provisions under the Workplace Safety and Insurance Act, 1997 - by Lukasz Petrykowski  
    • The WSIB's Early and Safe Return to Work Draft Policies: Usurping Law through Policy of Levelling Power Imbalance? - by Maryth Yachnin  
    • Is the Historic Trade-off Unravelling? - by Michael Zacks
    • Update: Two Judicial Reviews to End 2005, Marking the Continuation of the WSIAT's Consistent Record - by Tanya Zigomanis
    • Tranchemontagne v. Ontario (Director, Disability Support Program): Can a tribunal decline to consider human rights legislation in its decisions? - by Wen-Ying Mark
    • Workers' Compensation Update - by Michael Zacks  
    • Taking the Pulse of Ontario's Administrative Justice System - April 20, 2006 - by Alec Farquhar  
    • Call for Executive Nominations 2006-2007   
    • Upcoming Program  
    • Publications  
    • Multimedia Products    
    • Section Executive 2005-2006  
 
In this Issue:
  • Ontario Introduces Paralegal Legislation - by Michael Zacks  
  • A Review of the CAD-7 Experience Rating Program: Present and Future Considerations - by Lukasz Petrykowski  
  • Is a deal a deal, and when is the WSIB a friend? - by Michael Zacks  
  • Case Comment — West v. Ontario (Workplace Safety and Insurance Board) - by Michael Zacks
  • Upcoming Program  
  • 2006 Institute of Continuing Legal Education  
  • Publications   
  • Multimedia Products  
  • Section Executive 2005-2006
 
In this Issue:
  • Section Honours David Gorelle with Ron Ellis Award - by Rob Boswell  
  • Editor's Comments - by Michael Zacks 
  • Ron Ellis Speaking Notes WCAT/WSIAT 20th Anniversary Symposium  
  • WSIAT Symposium - A Reflection on the First 20 Years - by Lois Cromarty  
  • Presentation to the 20th Anniversary of the Workplace Safety and Insurance Appeals Tribunal - Why the Tribunal Matters? - by Linda Jolley  
  • WSIAT 20th Anniversary Symposium - Why the Tribunal Matters? - by Michael Zacks 
  • New 2006 Changes to the NEER Experience Rating Program - by Stephen C. Roberts  
  • New Chair of Sections  
  • Upcoming Program  
  • 2006 Institute of Continuing Legal Education  
  • Publications   
  • Section Executive 2005-2006  

Volume 10, No. 1 - August/Août 2005

In this Issue:

  • The McKenzie Case: Overriding Adjudicative Independence? - by Maryth Yachnin  
  • Message from the Editor - by Michael Zacks  
  • Workers' Compensation Court Cases Update - by Michael Zacks  
  • Fair Practices Commission Newsletter 
  • Upcoming Program  
  • 2006 Institute of Continuing Legal Education  
  • Publications   
  • Section Executive 2005-2006

Volume 9, No. 2 - March/Mars 2005

In this Issue:

  • Terrorism and Workers' Compensation - by Dan Revington
  • Update on Mental Stress: Review of Recent WSIAT Jurisprudence - by Rob Boswell
  • Role of Physicians in Workplace Safety & Insurance - by Alec Farquhar
  • Case Comment - by Ann Somerville 
  • WSIB Changes Appeal Time-Limit Rules - by Les Liversidge 
  • Workers' Compensation Court Cases - by Michael Zacks 
  • Legal, Policy and Business Considerations regarding Independent Operators under the Workplace Safety and Insurance Act, 1997 - by Lukasz Petrykowski 
  • WSIB and Hepatitis C - by Suzanne Dajczak
  • Let Your Voice Do the Typing: Voice-Recognition for the Busy Practitioner - by Leo Dillon 
  • Upcoming Programs
  • Section Executive 2004-2005

Volume 9, No. 1 - November/Novembre 2004

In this Issue:

  • Presentation of the 2004 Ron Ellis Award to Marion Endicott
  • 2004 Ron Ellis Award Presentation to Marion Endicott
  • The Law Society Proposes Paralegal Regulation Scheme
  • Message from the Editor
  • 2004-2005 OBA Workers' Compensation Section Executive Bios

Volume 8, No. 3 - May/Mai 2004

In this Issue:

  • WSIB Specialization - An Important Message from Your Executive
  • WSIAT Decision Goes to the Ontario Court of Appeal
  • Divisional Court Comments on the Relationship Between the Government Employees Compensation Act and the Workers' Compensation Act
  • An Evening with the Chair and President of WSIB
  • An Evening with the Minister of Labour - The Road Ahead in Workers' Compensation
  • Current Developments in Occupational Health & Safety Prosecutions
  • Case Comment on Burnett v. British Columbia (Workers' Compensation Board)
  • A Commentary on the Resignation of Glen Wright, Former Chair and CEO of the Ontario WSIB
  • A Review of Experience Rating

Volume 8, No. 2 - March/Mars 2004

In this Issue:

  • Martin v. Workers' Compensation Board of Nova Scotia - What does it mean for Ontario?
  • An Evening with the Fair Practices Commissioner
  • Where there is Smoke Sometimes there is Just More Smoke: A Comment on the WSIB and Environmental Tobacco Smoke (Second Hand Smoke)
  • Workers' Compensation Court Cases Update
  • Summary of Significant WSIAT Decisions for the Period of July 1, 2003 to December 30, 2003

Volume 8, No. 1 - November/Novembre 2003

In this Issue:

  • Nick McCombie
  • Ron Ellis Presents the Award
  • Message from the Outgoing Chair
  • Summary of Significant WSIAT Decisions for the Period April 1, 2003 through June 30, 2003
  • Inside the WSIB's Regulatory Services Division
  • Meet the Section Executive for 2003-2004

Volume 7, No. 3 - May/Mai 2003

In this Issue:

  • Essentials of Workers' Compensation Law, Practice and Process
  • Worker or Independent Operator
  • Martin v. Nova Scotia (Workers' Compensation Board)
  • Ross v. Michelin
  • Iole Prinzo v. Baycrest Centre for Geriatric Care
  • Sutor v. Workplace Safety and Insurance Board
  • Can a Worker Collect Benefits and Damages?
  • Cross Country Update on Compensation Cases
  • Highlights of Workplace Safety and Insurance Appeals Tribunal Decisions
  • Upcoming Events

Volume 7, No. 2 - February/Février 2003

In this Issue:

  • CPP and Workers' Compensation
  • Does the Workplace Safety and Insurance Act Take Away My Client's Right to Sue?
  • Bill 179 Changes to the Workplace Safety and Insurance Act
  • Recent Amendments to the British Columbia Workers' Compensation Legislation
  • Case Summary: Bard et al v. Longevity Acrylics Inc. et al
  • Cross County Update on Compensation Cases
  • Highlights of Workplace Safety and Insurance Appeals Tribunal Decisions from May to December 2003
  • Finding Your Way around the WSIAT Decision Summaries Database
  • Upcoming Events

Volume 7, No. 1 - October 2002

In this Issue:

  • Daniel S. Revington
  • Upcoming Events
  • What's New on Occupational Disease
  • Message from the Chair
  • Message from the Outgoing Chair
  • Meet Your 2002-2003 Executive
  • WSIB's CPP Policy Review
  • Case Comment: Board States that a Worker's Co-operation in Early and Safe Return to Work Does Not Include Early and Safe Return to Work
  • The "Blue Line Taxi" - Application for Judicial Review

Volume 6, No. 4 - May 2002

In this Issue:

  • New Developments in the Law and Advocacy Before the WSIAT
  • Entitlement Following Work Disruptions: A Response to the WSIB's Consultation Process
  • Is Notice Required Before Benefits Are Suspended?
  • Recent Tribunal Cases on the Application of Policy
  • Internet Resources Available to Workers' Compensation Practitioners
  • Highlights from WSIAT Decisions from March and April 2002
  • Upcoming Event

Volume 6, No. 3 - April 2002

In this Issue:

  • WSIB Issues Discussion Paper on Coverage Issues
  • Entitlement following work disruptions: The Board's draft policy
  • Useful Resources on the WSIB and WSIAT Websites
  • A Shift on Injury: Michelin v. Richard Ross and the Workers' Compensation Board of Nova Scotia
  • WSIAT Decisions Highlights
  • Upcoming Events

Volume 6, No. 2 - January 2002

In this Issue:

  • Paralegals in Administrative Tribunals
  • WSIB's Proposed Stress Policy
  • WSIAT Update from Ian Strachan, Tribunal Chair
  • Some Highlights from Tribunal Decisions in 2001
  • Upcoming Events

Volume 6, No. 1 - October 2001

In this Issue:

  • David Brady Honoured with Ron Ellis Award
  • David Brady Accepts the Ron Ellis Award
  • Message from the Outgoing Chair
  • Message from the Incoming Chair
  • Voluntary Registration Program at WSIB

Volume 5 - No. 2 - February 2001

In this Issue:

  • Accommodating a Return to Work
  • Ministry of Labour Tribunal Review
  • Back to Work
  • Jurisdictional Nightmares
  • Case Comment: Brown v. Waldun Forest Products Ltd.
  • When is an Apple really an Orange?
  • Case Law Update: Prosecutions under the WSIA
  • Workers' Compensation Section Executive 2000-2001