Articles 2022

This article provides a summary and key highlights of the WSIAT's recent stakeholder event. This summary is useful for those who appear at the WSIAT.

This article provides an update on the winner of the 2022 Ron Ellis Award.

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.

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.

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.

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.

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.

A summary of some of the cases from the BC WCAT in relation to whether COVID-19 is compensable under the workers’ compensation system.

Point-form summary of what was discussed at the Workplace Safety and Insurance Appeals Tribunal's (WSIAT or Tribunal) Stakeholder event on May 25, 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?