Articles

About Articles The following articles are published by the Workers' Compensation Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Sarah Schumacher

 

Today
Today

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.

Student Forum, Workers' Compensation

Recap of the WSIAT Stakeholder Event of September 28, 2021

  • October 21, 2021
  • Teresa Gianfelice, Office of the Worker Adviser

For those who were unable to attend the recent WSIAT stakeholder event, the notes below touch upon the highlights of each presentation from the event.

Student Forum, Workers' Compensation

Will the WSIB Grant Entitlement for a COVID-19 Vaccine?

  • July 03, 2021
  • Cassandra Ma, Canada Post Corporation

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.

Student Forum, Workers' Compensation

Some Reflections on Some Recommendations

  • February 11, 2021
  • John Bartolomeo, lawyer and co-director, Workers' Health and Safety Legal Clinic

In this article, John Bartolomeo of the Workers' Health and Safety Legal Clinic shares his thoughts on two of 25 recent recommendations that resulted from an operational review of the Workplace Safety and Insurance Board, which include various amendments to the current appeals system.

Student Forum, Workers' Compensation

Soft Law and Adjudicative Independence: Canadian Association of Refugee Lawyers v. Canada (Immigration, Refugees and Citizenship), 2020 FCA 196

  • February 11, 2021
  • Michelle Alton and Rosemary Basa, WSIAT Tribunal Counsel Office

The following is a case summary of Canadian Association of Refugee Lawyers v. Canada (Immigration, Refugees and Citizenship), a Federal Court of Appeal decision considering whether the use of Jurisprudential Guides, a form of "soft law" authorized under the Immigrant and Refugee Protection Act, improperly interferes with adjudicative independence.

Student Forum, Workers' Compensation

Understand the Impact of COVID-related Benefits on Loss of Earnings

  • October 19, 2020
  • Jennifer Chan, principal lawyer, JTC Litigation

The government's response to COVID-19 has been, thankfully, to create various benefits for suffering workers. The result, however, is potential overlap of compensation schemes that leave employees confused and in danger of "double dipping." This article discusses one area of overlap: receipt of COVID-19 benefits and Loss of Earnings (LOE) benefits for injured workers.

Student Forum, Workers' Compensation
WSIB and Working from Home: When Is a Home-Based Accident Considered to Arise in the Course of Employment?

WSIB and Working from Home: When Is a Home-Based Accident Considered to Arise in the Course of Employment?

  • July 06, 2020
  • Cassandra Ma

In the wake of the COVID-19 pandemic, more Ontarians are working from home than ever before. What does this mean, however, from the perspective of workers’ compensation benefits? What obligations arise for workplace parties if a worker becomes injured while working from home? This article provides a detailed discussion about how and when work-from-home injuries may fall within the employment nexus and, by extension, be deemed compensable.

Student Forum, Workers' Compensation