Articles 2020


WSIB Found Liable for Human Rights Violations Against an Injured Worker

  • November 10, 2017
  • Ryan J. Conlin, Partner, Stringer LLP Management Lawyers

In a rare decision, the Human Rights Tribunal found that the Workplace Safety and Insurance Board (WSIB) failed to accommodate a worker’s disability in terms of the way in which the claim was handled. The case includes lessons for the broader community, particularly in light of the revised WSIB mental stress policies which will take effect come January 2018.

Workers' Compensation, Student Forum

It's Not a Treasure Hunt: A Judicial Review of a WSIAT Decision on what is "Reasonably Incidental to Employment"

  • March 20, 2017
  • Dan Revington

This insightful article highlights the deference the courts give to decisions of the Workplace Safety and Insurance Appeals Tribunal (WSIAT), noting that review of a decision will be on the "organic whole, without a line-by-line treasure hunt for error." As an added bonus, the article also provides a reminder that remote work locations create exceptions for what will be considered "reasonably incidental to employment".

Workers' Compensation
Practical Tips - PTSD Claims

Practical Tips - PTSD Claims

  • December 02, 2016
  • Cézanne Charlebois

Cézanne Charlebois discusses practical tips and important points to keep in mind when handling a PTSD claim. As Ms. Charlebois notes, PTSD should not be viewed as automatically equating to a complete disability from working. As with any injury or illness, offering appropriate accommodation early on is important for getting workers successfully back to work, and also for deterring malingering.

Workers' Compensation

Reluctance of Reconsidering Decisions

  • June 07, 2016
  • Michelle M. Lomazzo

Policy 11-01-14, Reconsiderations of Decisions, states, “The WSIB may reconsider any decision made by it and may confirm, amend or revoke the decision. The WSIB may do so at any time if the WSIB considers it advisable to do so.”

Privacy Law, Workers' Compensation

Bill 163: First Responders with PTSD

  • April 11, 2016
  • Stephen Roberts and Claire Bebbington

Bill 163, Supporting Ontario’s First Responder’s Act (Posttraumatic Stress Disorder), 2016, moved quickly through the Legislature with support from all parties.

Workers' Compensation