Articles 2023

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Today

Review: Workers’ Compensation Case Law Update, Morningstar v WSIAT

  • February 14, 2022
  • Julie Weller, Mathews Dinsdale

The following paper provides a high level overview of the Morningstar v. WSIAT Case Law Update program. Helpful information was provided by both worker side and employer side representatives including an overview of the law now and helpful tips for workplace parties who find themselves representing clients before the WSIAT on a Section 31 Application based on a constructive action decision that is based on mental stress caused by harassment or bullying.

Student Forum, Workers' Compensation

The 2021 Ron Ellis Award for Excellence in Workers’ Compensation Law

  • February 14, 2022
  • Julia Noble, Office of the Counsel to the Chair, Workplace Safety and Insurance Appeals Tribunal

Overview of the 2021 Ron Ellis Award for Excellence in Workers' Compensation Law Event on October 26, 2021 where Rosemarie McCutcheon, Chair of the Workplace Safety and Insurance Appeals Tribunal, received the award.

Student Forum, Workers' Compensation

WSIAT Stakeholder Event of January 27, 2022

  • February 14, 2022
  • Teresa Gianfelice, Office of the Worker Advisor

Point-form summary of what was discussed at the Workplace Safety and Insurance Appeals Tribunal's (WSIAT or Tribunal) Stakeholder event on January 27, 2022.

Student Forum, Workers' Compensation

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