Articles 2020

Chris James, Workers’ Compensation Consultant and Lawyer, has been honoured this year with the OBA Ron Ellis Award for Excellence in Workers' Compensation Law for his outstanding leadership and contributions to the field. Find out what motivates him and how he is making a difference in his area of practice in this candid Q&A.

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.

What happens when a worker has been dismissed for cause after they return to work following a compensable workplace accident? In Decision No. 233/20, the WSIAT adopts a contextual approach to addressing this issue and adjudicating post-termination entitlement to loss of earnings (LOE) benefits. In turn, the decision signals at further issue overlap between the jurisdictions of workers’ compensation agencies and the civil courts.

The Workplace Safety and Insurance Board ("WSIB") has confirmed that workers should file claims if they believe that they have contracted COVID-19 while at work. However, the rapid ease with which COVID-19 spreads through communities creates a unique adjudicative challenge. This article discusses the complex principles behind entitlement for WSIB claims pertaining to COVID-19.

2019 was yet another busy year for the Workplace Safety and Insurance Appeals Tribunal! This article covers some of the WSIAT's noteworthy cases from the last year, including its significant decisions in respect of chronic mental stress claims, the fatal claim premium adjustment, transfer of costs, and survivor benefits.