Toronto Star Newspapers Limited v. Workplace Safety and Insurance Appeals Tribunal, 2017 ONSC 4537 March 16, 2018 Michelle Alton A recent decision of the Divisional Court in which an employer’s application for judicial review of a WSIAT decision was granted.
A New Perspective on the Availability of Suitable Occupations for Migrant Workers January 10, 2018 Rachel Weiner Recent WSIAT decision discusses the applicability of the WSIB's Adjudicative Advice document for workers in the Seasonal Agricultural Workers' Program, in light of inconsistencies with the WSIA and WSIB policy.
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.
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".
Update on Employer Issues: WSIB Rate Framework March 01, 2017 Stephen C. Roberts Stephen C. Roberts of McTague Law Firm highlights some updates of interest to employers, regarding the Rate Framework.
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.
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.”
New Legislation Addresses Survivor Benefits, Benefit Indexation & Claim Suppression April 11, 2016 Andrew Cogswell On December 10, 2015 the Ontario Government passed Bill 109, which significantly amends the Workplace Safety and Insurance Act, 1997 (WSIA).
Fleming v. Massey: Court of Appeal Rules Worker's Waiver of Right to Sue Employer Void April 11, 2016 Maryth Yachnin In Fleming v. Massey, 2016 ONCA 70 (CanLII), the Ontario Court of Appeal held that a worker cannot waive the right to sue their employer for negligence.
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.