Articles

About ArticlesLes articles ci-dessous sont publiés par la Section du droit relatif aux accidents de travail de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Editor: Maryth Yachnin

Aujourdʼhui
Aujourdʼhui

The Right of Family Members to Sue in Respect of a Workplace Fatality

  • 08 avril 2022
  • Cassandra Ma, Filion Wakely Thorup Angeletti LLP

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?

Student Forum, Accidents de travail

Sending Documents to and Receiving Documents from the WSIAT Electronically

  • 07 avril 2022
  • Sarah Schumacher, Workplace Safety and Insurance Appeals Tribunal

Learn how the Workplace Safety and Insurance Appeals Tribunal (WSIAT) sends and receives documents electronically and where you can find more information on the WSIAT's E-Share and E-File services.

Student Forum, Accidents de travail

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

  • 14 février 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, Accidents de travail

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

  • 14 février 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, Accidents de travail

WSIAT Stakeholder Event of January 27, 2022

  • 14 février 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, Accidents de travail

The Weighty Impact of Obesity on Workers’ Compensation Claims Costs

  • 22 octobre 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, Accidents de travail

Recap of the WSIAT Stakeholder Event of September 28, 2021

  • 21 octobre 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, Accidents de travail