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Established in 1985, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) is the final level of appeal to which workers and employers may bring disputes concerning workplace safety and insurance matters in Ontario. WSIAT has always been separate from and independent of the Workplace Safety and Insurance Board.

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Announcements

2016 WSIAT Annual Report Now Available NEW

June 12, 2017


Caseload update, April 1 to June 30, 2017, Now Available NEW

September 5, 2017


# Announcements Archive

Highlights of Noteworthy Decisions

Decision No. 2480 17

Whether travel allowances paid by an employer should be included in insurable earnings for calculation of employer premiums.

Decision No. 1144 17

Consideration of room and board in determining the earnings basis of a worker.

Decision No. 644 14

Consideration of the extent of employment decisions in a mental stress case.

Decision No. 2341 17

Whether offset of LOE benefits by the amount of CPP disability benefits was allowed after 72 months in the circumstances of a significant deterioration that occurred prior to the final LOE review.

Decision No. 2335 17

Whether review of LOE benefits after the final review is allowable based on deterioration of a pre-1998 compensable condition.

Decision No. 2151 17

Determination of non-earning periods that should be excluded from recalculation of the worker's long-term average earnings.

Decision No. 842 16

Consideration of the substantial connection to Ontario of a defendant worker.

Decision No. 1675 17 I

Determination of the venue for a hearing.

Decision No. 1835 17

Entitlement to pension supplementary benefits after early retirement.

Decision No. 1939 17

Transfer of the costs of a claim from a temporary help agency to the company to which the worker was assigned.

Decision No. 1753 17

Consideration of the paralegal licensing exemption for a volunteer representative of a trade union.

Decision No. 656 17

Standard of proof for psychotraumatic disability.

Decision No. 1417 17

Determination of best fit for classification of an employer.

Decision No. 2180 17

Whether the presumption that an accident arose out of employment was rebutted.

Decision No. 1695 17

Replacement of a NEL award for organic impairment with a lower NEL award for chronic pain disability.

Decision No. 831 17

Whether a NEL award for chronic obstructive pulmonary disease should be apportioned between occupational exposure and smoking.

Decision No. 1055 17

Determination of the earnings basis for a recurrence.

Decision No. 1130 17

Whether to exclude costs of certain accidents from the employer's experience rating calculation.

Decision No. 1868 17

Entitlement for traumatic mental stress when the worker did not witness the traumatic event.

Decision No. 2346 12 I5

Consideration of the Board Written Direction with Reasons on the referral to the Board from the Tribunal regarding the Board's Fatal Claims Premium Adjustment policy.

Decision No. 1194 17

Consideration of employer classifications for domestic services and nursing.

Decision No. 1129 17

Whether a worker had entitlement for traumatic mental stress based on second-hand exposure to violent events.

Decision No. 3061 16

Determination of entitlement under the serious injury program by translating pensions to NEL ratings and combining the ratings.

Decision No. 1067 17

Determination of LOE benefits at the final review.

Decision No. 1579 17

Conversion of pension to NEL rating for consideration of entitlement under the Board's serious injuries program.

Decision No. 128 15 R

Applicability of Board policy in effect at the time of the original Board operating level decision.

Decision No. 1331 17

Accident while travelling to residential employment.

Decision No. 1124 17

Whether a worker had entitlement for injuries resulting from fainting at work.

Decision No. 3207 16

Assessment of a pension for chronic obstructive lung disease and consideration of whether the pension should be apportioned between smoking and workplace dust exposure.

Decision No. 2345 16

Determination of the earnings basis of an executive officer with personal coverage.

Decision No. 468 17

Whether a NEL award should be reduced due to a pre-existing condition.

Decision No. 1397 16

Consideration of medical evidence of the worker's treating physicians.

Decision No. 1098 17

Whether there is entitlement for chronic pain disability when organic condition resolved within usual healing time.

Decision No. 353 17

Consideration of a global or holistic approach to rating psychotraumatic disability.

Decision No. 925 17

Consideration of non-earning periods to be excluded from the recalculation of long-term benefits.

Decision No. 2071 12 R2

Consideration of the substantial connection to Ontario of a defendant employer and its worker.

Decision No. 947 17 I

Whether one of the trustees of an estate should be authorized to maintain a claim on behalf of the estate.

Decision No. 1005 17

Whether a worker was entitled to LOE benefits while pursuing a grievance related to termination of employment.

Decision No. 976 17

Attribution of LOE benefits in a case of multiple claims.

Decision No. 1702 10 I3

Whether to accept proposed reply evidence or new evidence.

Decision No. 3182 16

Determination of applicable Board policies in considering whether a NEL award should be reduced due to a pre-existing condition.

Decision No. 256 16

Determination of status as a worker or dependent contractor and determination of the long-term earnings basis.

Decision No. 312 17

Consideration of entitlement to LOE benefits after termination of employment and after a subsequent non-compensable injury.

Decision No. 1704 05

whether the Tribunal had authority to look behind a final decision of the Board to address perceived defects in the Board's decision-making process.

Decision No. 57 17

Whether a claim of a first responder for traumatic mental stress should be referred back to the Board.

Decision No. 521 16 R

Consideration of application to reconsider a decision on a right to sue application, based on an amended statement of claim.

Decision No. 672 17

Calculation of a transitional supplement under s. 147 of the pre-1997 Act.

Decision No. 322 17 I

Whether a NEL award should be reduced due to a pre-existing condition.

Decision No. 385 17

Whether the significance of a repetitive strain injury to a permanent impairment was outweighed by a pre-existing condition.

Decision No. 2701 16

Whether a NEL award should be reduced due to a pre-existing condition.

Decision No. 771 16

Whether the right of action of a federal mail contractor was taken away.

Decision No. 1410 13

Retroactivity of registration of an employer under the Board's policy on voluntary registration.

Decision No. 1692 16

Recalculation of the long-term earnings basis in the case of a permanent worker with non-earning periods in the year prior to the accident.

Decision No. 134 17

Consideration of Board policy regarding entitlement for injury resulting from insect bites.

Decision No. 215 17

Whether, in the circumstances, an offer of modified work on a different shift constituted suitable employment.

Decision No. 3263 16

Binding nature of Tribunal decision on a subsequent related decision.

Decision No. 200 17 I

Whether a worker's appeal could proceed after the employer was placed in receivership.

Decision No. 2946 16

Review of LOE benefits after 72 months due to incomplete WT or due to significant temporary deterioration.

Decision No. 3227 16

Whether, in the circumstances, it was reasonable for a worker to rely on a functional abilities form (FAF) completed by his family doctor.

Decision No. 3308 16

Distinction between an aggravation and a recurrence, and consideration of entitlement under the Board's policy on aggravation basis.

Decision No. 2795 16

Determination of the retroactivity date for a personal care allowance and independent living allowance.

Decision No. 2632 15

Consideration of Board policy and recent scientific studies in determining entitlement for esophageal cancer.

Decision No. 3080 16

Consideration of the Employment Standards Act in determining whether the worker suffered a wage loss on a statutory holiday.

Decision No. 1241 16

Consideration of the jurisdiction of the Tribunal on a right to sue application.

Decision No. 2455 16

Determination of the earnings basis of a dependent contractor.

Decision No. 3126 16

Whether offset of LOE benefits by the amount of CPP disability benefits was allowed after 72 months in the circumstances of a significant deterioration of the worker's condition.

Decision No. 2313 15

Use of Bradford Hill criteria in determining entitlement for occupational disease.

Decision No. 2884 16

Determination of the employer of a worker, when one employer hires out the services of the worker to another employer.

Decision No. 1970 16 I

Standing of an insurer in a right to sue application when the insurer may not have an obligation to pay statutory accident benefits.

Decision No. 2713 16

Absent parties on a right to sue application.

Decision No. 2783 16

Recalculation of long-term earnings basis.

Decision No. 1002 16

Whether to dismiss an appeal as an abuse of process.

Decision No. 1554 16

Classification of employer that subcontracts parts of an operation.

Decision No. 2285 15

Whether a third party claim by a defendant lessor against the employer of the injured plaintiff worker was barred by the WSIA.

Decision No. 576 16

Consideration of dependency benefits for non-resident dependents under provisions of the Act dating back to 1960.

Decision No. 2806 16

Entitlement under provisions of Board policy regarding gastro-intestinal cancer.

Decision No. 2707 16

Consideration of entitlement to a pension reassessment in the case of degenerative changes.

Decision No. 2799 16

Consideration of entitlement to a pension reassessment in a case where entitlement was originally granted for aggravation of a pre-existing degenerative condition.

Decision No. 2810 16

Consideration of payment for expenses related to death of a worker in a compensable accident.

Decision No. 2781 16

Consideration of entitlement to a pension reassessment in the case of degenerative changes.

Decision No. 2666 16

Consideration of amendments to the WSIA and provisions of Board policy regarding firefighters sustaining heart injury.

Decision No. 2532 16

Determination of the areas of NEL rating entitlement that should be reduced due to a pre-existing impairment.

Decision No. 1933 16

Consideration of entitlement to an additional work transition plan.

Decision No. 119 16 I2

Whether a worker, who did not have entitlement for traumatic mental stress under the WSIA, would have had entitlement under the pre-1997 Act.

Decision No. 913 05

Consideration of evidence of a cluster in determining entitlement for cancer.

Decision No. 1809 16

Determination of the long-terms earnings basis for a recently-hired worker in permanent employment.

Decision No. 2343 16

Calculation of escalation of the earnings basis for pension and temporary benefits over an extensive period of time.

Decision No. 1447 14 R

Consideration of the role of the Tribunal in considering joint submissions of the parties for resolution of the issues on appeal.

Decision No. 1876 16

Consideration of the requirements of a labour market re-entry plan.

Decision No. 2249 16

Whether modified work offered by the employer was suitable and available.

Decision No. 2125 16

Offset of LOE benefits by percentage of CPP disability benefits for a worker with chronic pain disability.

Decision No. 2063 16

Whether a worker was entitled to LOE benefits during paternity leave.

Decision No. 771 16 I

Jurisdiction to consider s. 12 of the federal Government Employees Compensation Act in an application regarding the right to sue under s. 31 of the WSIA.

Decision No. 1362 10

Determination of the earnings basis of a recently-hired dependent contractor.

Decision No. 1749 16

Whether a worker was participating in ESRTW, so as to allow consideration of benefit entitlement after the final LOE review.

Decision No. 712 16

Consideration of Board policy regarding timing of a work transition assessment.

Decision No. 1525 16

Determination of the best fit for the classification of an employer.

Decision No. 657 15

Consideration of a transfer of costs from the employer for an accident occurring out of Ontario.

Decision No. 1691 16

Whether a worker was in the course of employment when injured in the parking lot of the plaza in which the employer was located.

Decision No. 1636 16

Consideration of entitlement to LOE benefits after an intervening event during an LMR program.

Decision No. 786 16

Entitlement to LOE benefits and for worker's self-directed LMR activity prior to granting of initial entitlement by the Board.

Decision No. 974 16

Whether the worker was in an LMR plan when the 72-month LOE review period expired.

Decision No. 1064 12

Referral of a claim back to the Board pursuant to new amendments to the WSIA regarding first responders with post-traumatic stress disability.

Decision No. 1551 16

Whether a worker had a permanent psychotraumatic disability.

Decision No. 1724 16

Consideration of entitlement to survivor benefits based on the worker having 100% pension benefits resulting from more than one accident.

Decision No. 1631 16

Whether the worker was provided with an LMR plan when the 72-month LOE review period expired, so as to allow review of LOE benefits and offset of those benefits by the amount of CPP disability benefits.

Decision No. 250 16

Determination of the appropriate wages on which to base LOE benefits for a worker who selected the older worker option.

Decision No. 1638 16

Whether a worker was unable to work so that the re-employment provisions of the WSIA were applicable.

Decision No. 1173 16

Consideration of the standard of proof for causation in an occupational disease claim.

Decision No. 1177 16

Whether the Tribunal was bound by findings in a prior decision covering a different time period.

Decision No. 1568 16

Consideration of prospective entitlement for health care maintenance treatment and related LOE benefits.

Decision No. 1494 16

Determination of NEL rating for asymmetrical hearing loss.

Decision No. 119 16 I

Whether a worker claiming entitlement for traumatic mental stress experienced a sudden and unexpected traumatic event.

Decision No. 996 16 I

Consideration of procedural issue regarding the time to provide notice of a constitutional question.

Decision No. 427 14 R

Importance of the identification of the issues in an appeal.

Decision No. 1015 16

Whether a worker was a student within the definition in the WSIA and whether the worker should be reimbursed for a self-directed work transition plan.

Decision No. 2369 14

Determination of the insurable earnings of subcontractors.

Decision No. 359 14

Whether to transfer the costs of a claim from the accident employer to another employer.

Decision No. 129 16

Whether the worker was an apprentice within the definition in the WSIA.

Decision No. 2346 12 I4

Referral to the Board for review of its Fatal Claim Premium Adjustment Policy.

Decision No. 224 16

Payment of a NEL award as a lump sum under the pre-1997 Act.

Decision No. 2276 14

Whether to include voluntary overtime in the earnings basis for short-term and long-term benefits.

Decision No. 1283 16

Obligation of employer to report an alleged workplace accident.

Decision No. 2426 15

Consideration of link between carpal tunnel syndrome and repetitive keyboarding and mouse usage.

Decision No. 1059 16

Consideration of entitlement for fibromyalgia.

Decision No. 1094 16

Commencement and review dates for a retroactive pension supplement.

Decision No. 967 16

Consideration of entitlement for a self-directed work transition plan.

Decision No. 70 16

Review of benefits after final review based on significant deterioration that results in a determination of permanent impairment under s. 44(2.1)(d) of the WSIA, and that is likely to result in a redetermination of the degree of permanent impairment under s. 44(2.1)(e).

Decision No. 763 16

Consideration of entitlement for maintenance chiropractic treatment after retirement.

Decision No. 901 16

Whether a worker's benefits at the final LOE review should be based on earnings of an experienced worker.

Decision No. 859 16

Rating of permanent impairment for hepatitis C.

Decision No. 919 05

Referral of a claim back to the Board pursuant to s. 15.2(5) of the WSIA.

Decision No. 724 16

Retroactivity of an employer reclassification.

Decision No. 2786 15

Whether an exception applied to allow review of a worker's LOE benefits after the final 72-month review.

Decision No. 624 16

Consideration of entitlement in a case of serious and wilful misconduct.

Decision No. 588 16

Whether a worker was entitled to a NEL assessment for a physical loss.

Decision No. 194 16

Whether a plaintiff's right of action against the employer was taken away regarding claims related to matters other than the workplace accident.

Decision No. 207 16

Determination of the earnings basis of a dependent contractor.

Decision No. 54 14

Acceptance of a settlement in a case concerning a construction employer's re-employment obligations, and determination of the penalty.

Decision No. 552 16

Distinction between warehousing and brokering, for employer classification purposes.

Decision No. 923 15

Whether a worker may maintain a civil action against an employer regarding post-accident conduct of the employer.

Decision No. 292 16

LOE review more than 72 months after an accident due to significant temporary deterioration of the worker's condition.

Decision No. 430 16

Whether a worker should have entitlement for non-organic impairment on the basis of psychotraumatic disability or chronic pain disability.

Decision No. 447 16

Whether a worker was entitled to payment for a family member to be his attendant.

Decision No. 1034 15

Determination of worker or independent operator status of person who had incorporated and determination of whether certain family members were dependants.

Decision No. 707 15

Consideration of whether the worker's final LOE review date should have been extended.

Decision No. 886 15

Determination of marked life disruption for chronic pain disability entitlement.

Decision No. 2722 15

Determination of a NEL rating for low back impairment under the AMA Guides, and apportionment of that rating due to a pre-existing, non-compensable, measurable impairment.

Decision No. 177 16

Whether a worker claiming entitlement for traumatic mental stress experienced a sudden and unexpected traumatic event.

Decision No. 130 16

Consideration of the substance of the relationship in determining whether the plaintiff, who had incorporated, should be considered a worker of another company.

Decision No. 2009 15

Whether a worker had entitlement for an accident while travelling to treatment for a compensable injury.

Decision No. 26 16

Determination of the earnings basis of a volunteer emergency worker with concurrent employment.

Decision No. 375 14

Consideration of an appropriate SEB for a worker, including cost-effectiveness of the plan.

Decision No. 1896 15

Whether the right of action of an undocumented worker against his employer for a work-related injury was taken away.

Decision No. 2730 15

Determination of who is the accident employer in a disablement case.

Decision No. 2692 15

Factors to consider in determining whether to obtain an opinion from a Tribunal medical assessor.

Decision No. 2562 15

Determination of LOE benefits of a worker who selected the older worker option in s. 44(3) of the WSIA.

Decision No. 2510 15

Consideration of reasonable commute for suitable modified work.

Decision No. 1649 15

Review of LOE benefits after 72 months, based on amendments to the WSIA in 2002 and 2007.

Decision No. 2230 15

Whether a spouse, who was separated from her husband at the time of his death from a workplace injury, was entitled to survivor benefits.

Decision No. 2653 15

Calculation of average earnings for a worker who was injured shortly after starting work.

Decision No. 2585 15

Determination of the earnings basis of an apprentice.

Decision No. 2610 15

Whether a worker was entitled to interest on payment of pension arrears for injury suffered in a pre-1990 accident.

Decision No. 2509 15

Determination of the earnings basis of a dependent contractor.

Decision No. 2334 15

Whether a child protection worker experienced a traumatic and unexpected event for traumatic mental stress entitlement.

Decision No. 2425 15

Consideration of extent of entitlement and reduction of a NEL award due to a pre-existing condition.

Decision No. 1542 15

Determination of whether there is a recurrence or a new accident.

Decision No. 579 15

Whether a bus driver had entitlement for bladder cancer as a result of exposure to diesel exhaust.

Decision No. 1639 15

The doctrine of promissory estoppel does not give the Tribunal jurisdiction to grant a remedy that is not permitted by the statute.

Decision No. 1691 15

Consideration of the requirements of Board policy for entitlement to a personal care allowance and the start date for the allowance.

Decision No. 1992 15

Whether there was an element of double compensation in NEL ratings for organic and psychotraumatic disability.

Decision No. 2285 15 I

Jurisdiction to consider a right to sue application regarding an action based in contract.

Decision No. 2566 11

Consideration of the relationship between a workplace insurance claim and proceedings under the Ontario Human Rights Code.

Decision No. 2256 15

Whether a travelling worker was in the course of employment when driving to a restaurant for a meal.

Decision No. 511 14

Consideration of a worker's actual ability to perform the modified work in determination of whether work was suitable.

Decision No. 2080 15

Significance of determining an appropriate start date for retroactive FEL benefits.

Decision No. 2148 15

Whether the plaintiff in a civil action was a learner within the definition of a worker in the WSIA at the time of an accident.

Decision No. 1926 15

Determination of the retroactivity of an independent living allowance.

Decision No. 95 09 I

Determination of a leading case strategy to deal with appeals relating to claims for cancer and respiratory conditions resulting from exposure at the same plant.

Decision No. 1086 15

Consideration of a plaintiff's right to maintain an action against the lessor of a vehicle that did not supply an operator for the vehicle.

Decision No. 1959 15

Whether a worker was in the course of employment while attending a union convention.

Decision No. 1740 13

Whether laryngeal cancer was a significant contributing factor to the worker's subsequent stroke and aspiration pneumonia.

Decision No. 1336 15

Whether LOE benefits of a worker who has found employment in the identified SO should be based on pre-injury or actual post-injury hours.

Decision No. 1623 15

Consideration of the worker's request that the Tribunal obtain further medical evidence.

Decision No. 1761 15

Whether the worker's death resulted from an injury so as to entitle an estate to survivor benefits, when a drug for a non-compensable condition, paid for by the Board, contributed to the worker's death.

Decision No. 1845 08 R

Whether to reconsider a decision when the request to reconsider was received many years after release of the decision.

Decision No. 1036 15

Review of procedural requirements for completion of the Tribunal's Notice of Appeal.

Decision No. 1156 15

Determination of a NEL rating for asbestosis under the AMA Guides.

Decision No. 1214 15

Consideration of entitlement to a NEL award for psychotraumatic disability.

Decision No. 1449 15

Consideration of entitlement to LOE benefits after voluntary resignation from employment for personal reasons.

Decision No. 962 15

Consideration of Board policy to determine whether the two-year retroactivity period applied to payment of credit interest to an employer.

Decision No. 657 15 I

Whether a worker had the right to participate in an employer's appeal regarding transfer of costs.

Decision No. 1269 15

Consideration of the effect on LOE benefits of a worker's move from an urban location to a rural setting.

Decision No. 576 15

Consideration of Board policy to determine whether the two-year retroactivity period applied to payment of credit interest to an employer.

Decision No. 336 14

Consideration of entitlement for brain cancer, when duration of employment was less than the policy requirement for application of the presumption.

Decision No. 2346 12 I3

Consideration of application for intervenor status.

Decision No. 1027 15

Whether a non-compensable accident was an intervening event warranting cessation of benefits.

Decision No. 255 15

Failure to co-operate with LMR based on a pattern of incidents, which individually would not have resulted in a finding of non-co-operation.

Decision No. 1067 15

Determination of long-term earnings basis for a worker who was receiving social assistance benefits.

Decision No. 1387 15

Consideration of circumstances in which a worker, who did not meet Board policy requirements, might be entitled to a personal care allowance or an independent living allowance.

Decision No. 731 15

Whether LOE benefits of a worker with high pre-accident earnings that exceeded the statutory maximum should be offset by CPP disability benefits.

Decision No. 1146 15

Consideration of the exception for small employers in determining the appropriate classification for an employer with more than one business activity.

Decision No. 704 15

Whether a worker was participating in ESRTW at the time of the final LOE review, so as to allow consideration of LOE benefit entitlement after the final review.

Decision No. 608 15

Whether a worker took himself out of employment by engaging in horseplay.

Decision No. 1102 11

Whether earnings from concurrent employment should be included in the calculation of the worker's short-term and long-term average earnings.

Decision No. 893 11

Whether a worker, who had previously been denied benefits for an accident, was exempt from provision in s. 28 of the WSIA taking away the right of action.

Decision No. 412 15

Whether performance of modified work allowed consideration of LOE benefit entitlement after final LOE review.

Decision No. 857 15

Determination of the long-term earnings basis of a worker who came within the definition of a student in the WSIA.

Decision No. 198 15

Determination of worker or independent operator status, with weight given to provisions of collective agreement.

Decision No. 1059 15

Consideration of air conduction and bone conduction measurements for sensorineural hearing loss.

Decision No. 459 15

Whether there can be different MMR dates for various components of a compensable condition.

Decision No. 698 14

Whether an emergency responder, in this case a 911 operator, had entitlement for traumatic mental stress.

Decision No. 2071 12

Consideration of the substantial connection to Ontario of a defendant employer and its worker.

Decision No. 340 15

Whether a worker who earlier refused suitable modified work, was entitled to LOE benefits after closure of the employer's plant.

Decision No. 476 15

Review of LOE benefits after 72 months based on an inadequate and, accordingly, essentially incomplete earlier LMR program.

Decision No. 650 15

Whether a worker, who accepted a part-time job because he was unable to find a full-time job, was under-employed for purposes of determining LOE benefits.

Decision No. 867 15

Consideration of Board policy on NEL redeterminations requiring a worker to provide initial medical evidence in support of deterioration of the worker's condition.

Decision No. 2351 14

Whether a firefighter had entitlement for a heart attack.

Decision No. 749 15

Whether the worker's LOE benefits should be reduced or suspended for non-co-operation with LMR.

Decision No. 745 15

Determination of whether a pre-existing impairment was measurable and whether a NEL award should be reduced due to a pre-existing impairment.

Decision No. 1268 12

Determination of primary site of firefighter's metastatic cancer.

Decision No. 229 15

Determination of NEL ratings for psychotraumatic disability and neurological impairment.

Decision No. 371 15

Whether, in the circumstances, it was reasonable for a worker to rely on his family doctor's advice to stay off work.

Decision No. 225 15

Extension of the final LOE review based on participation in an ongoing LMR plan. Consideration of availability of work in the identified suitable occupation.

Decision No. 414 15

Consideration of the date for determination of the rate of interest on retroactive benefit payments.

Decision No. 533 15

Determination of a NEL award for loss of vision under the AMA Guides.

Decision No. 494 15

Whether it was appropriate for the Board to defer the worker's final LOE review.

Decision No. 1794 12

Consideration of the status of an executive officer of a corporation in the construction business.

Decision No. 454 15

Consideration of requirements for redetermination of a NEL award for non-organic impairment.

Decision No. 2346 12 I2

Consideration of the Board's Fatal Claim Premium Adjustment Policy.

Decision No. 645 11 R

Whether an application for clarification of a Tribunal decision should be stayed pending a court proceeding.

Decision No. 188 15

Whether a worker was in the course of employment while proceeding home directly from the premises of a client.

Decision No. 375 15

Consideration of duration of payments under s. 43(13)(b) of the WSIA, after the employer's breach of its re-employment obligations, for a worker who later returned to work with another employer.

Decision No. 456 15

Consideration of quantum of LOE benefits for a worker who was unable to participate in a work reintegration program during a period of disability due to a non-compensable condition.

Decision No. 531 12

Whether there was an abuse of process such that the Tribunal should decline to exercise jurisdiction over an appeal.

Decision No. 434 15

Whether a worker met the Board's minimum requirement for a pension of a rating for a least 0.4%.

Decision No. 312 15

Whether an employer that breached its re-employment obligations was entitled to SIEF relief on payments equivalent to benefits that were made to the worker by the Board under s. 41(13)(b) of the WSIA.

Decision No. 893 11 I

Whether the Tribunal was bound on a right to sue application by a prior decision of the Tribunal regarding benefits resulting from the accident.

Decision No. 255 12

Consideration of quantum of award for facial disfigurement for an injury that affected function, rather than appearance, of facial features.

Decision No. 191 15

Review of LOE benefits after the 72-month period, based on completion of a self-directed LMR program.

Decision No. 249 12 I2R

Whether the Tribunal is required to consider other Board decisions referred to by an appellant. Consideration of what constitutes a request for a premium adjustment, for retroactivity purposes, within the meaning of Board policy.

Decision No. 2046 14

Consideration of provision in the Board's policy on work transition plans regarding the option for older workers.

Decision No. 284 15

Consideration of entitlement for reflex sympathetic dystrophy under the Board's chronic pain disability policy.

Decision No. 1771 14

Clarification of when the psychotraumatic disability policy is applicable and when the traumatic mental stress policy is applicable.

Decision No. 1999 13 R

Whether existence of two contrary lines of cases was grounds for reconsideration of a decision.

Decision No. 158 15

Consideration of weight to be given to acquittal on charges under s. 149 of the WSIA.

Decision No. 148 15

Whether, in the circumstances of the case, the Tribunal should undertake post-hearing investigation to obtain clinical notes.

Decision No. 2293 14

Whether a volunteer firefighter had entitlement for colon cancer.

Decision No. 2135 14

Calculation of NEER factors in the case of a corporate employer with divisions which have their own accounts with the Board.

Decision No. 1945 10

Second Tribunal decision to consider whether traumatic mental stress provisions in s. 13(4) and (5) of the WSIA infringed the right to equality in s. 15(1) of the Charter of Rights.

Decision No. 1318 14

Consideration of entitlement for a heart attack on a disablement basis.

Decision No. 1571 14

Determination of the NEL rating for a permanent hip impairment.

Decision No. 2157 14

Whether the worker was entitled to payment for medication that was not listed in the Board's drug formulary.

Decision No. 2159 14

Whether the worker was entitled to payment for medication that was not listed in the Board's drug formulary.

Decision No. 2013 14

Whether a worker was entitled to reimbursement for the cost of a car for use in a Board identified SEB.

Decision No. 2089 14

Consideration of Board policy regarding enhanced work transition programs for young workers.

Decision No. 2076 14

Consideration of circumstances to review LOE benefits after 72 months to account for CPP disability benefits.

Decision No. 2322 14

Whether a worker, who had a compensable heart attack, had entitlement for a subsequent heart attack.

Decision No. 2140 14

Whether a worker was in the course of employment during an altercation with a co-worker.

Decision No. 2312 14

Whether work obtained by a worker could be considered to be work in a job identified as the suitable occupation for the worker.

Decision No. 2439 12

Whether a worker in the auto parts industry had entitlement for esophageal cancer as a result of exposure to metalworking fluids.

Decision No. 2143 14

Consideration of when it is appropriate to review benefits under s. 44 of the WSIA.

Decision No. 1557 14

Consideration of distinction between carcinoma and sarcoma, in determining relationship to occupational exposure.

Decision No. 1608 14

Whether meals provided to a restaurant worker should be included in the worker's earnings basis.

Decision No. 2163 14

Whether it was appropriate to add back to the net income of a dependent contractor amounts paid to his spouse in an income splitting arrangement.

Decision No. 128 13

Whether Alzheimer's disease resulted from a minor head injury.

Decision No. 2053 14

Whether the right of action of a domestic worker was taken away.

Decision No. 1932 04

Consideration of the difference between a Charter challenge and a Charter values argument, and consideration of whether there was discrimination in the determination of FEL benefits after a recurrence based on earnings at the time of the original accident.

Decision No. 3 14

Consideration of requirements in content of a Board decision issued by way of form letter.

Decision No. 1809 14

Consideration of Board policy requirements for relocation services and payment of relocation expenses.

Decision No. 1928 14

Consideration of requirements for entitlement to a motorized scooter as a health care measure.

Decision No. 911 14

Consideration of adjudicative advice in the Board's COPD Binder in determining a worker's entitlement for chronic obstructive lung disease.

Decision No. 1226 14

Whether to apply a change in a worker's income tax net exemption code after final FEL review.

Decision No. 1856 14

Whether a worker was "unable to work" within the meaning of s. 41(1) of the WSIA, so that the re-employment obligation was applicable.

Decision No. 1861 14

Whether the worker's direction to accept the older worker no-review option under s. 44(3) of the WSIA was valid.

Decision No. 1780 14

Whether it was appropriate to determine a case by way of an oral or a written appeal.

Decision No. 1352 12 R

Use of updated data in recalculation of retroactive adjustment to an employer's experience rating account.

Decision No. 1624 14

Factors to consider in weighing medical evidence.

Decision No. 423 14

Consideration of the extent of a worker's disability related to compensable post-traumatic stress disorder.

Decision No. 1770 14

Whether the plaintiff worker in a civil action had a substantial connection to Ontario.

Decision No. 2530 11 I2

Consideration of matters relating to production of documents from other proceedings, including the deemed undertaking rule.

Decision No. 51 14

Consideration of Board practice of granting a 100% NEL award for compensable death.

Decision No. 766 14

Whether a worker was entitled to a second supplement under s. 147(4) of the pre-1997 Act.

Decision No. 1546 14

Determination of the arrears date for payment of an independent living allowance and a personal care allowance.

Decision No. 1246 14

Discussion of distinction between psychotraumatic disability and chronic pain disability.

Decision No. 1072 14

Consideration of the principles of calculating a back impairment under the AMA Guides.

Decision No. 1124 12 R

Consideration of final LOE review made after the 72-month cut-off date but effective as of the cut-off.

Decision No. 1069 14

Consideration of the requirement of continuous employment for the applicability of the re-employment obligation in the case of a personnel agency worker.

Decision No. 1721 14

Whether worker was entitled to reimbursement for cost of surgery out of Ontario.

Decision No. 1269 14

Determining survivor benefits for the estate of a worker who retired for many years from the occupation which led to an occupational disease but remained in the work force in other employment.

Decision No. 1549 14

Whether retroactivity of an employer reclassification should be extended based on the real merits and justice provision in Board policy.

Decision No. 1610 14

Whether a worker was under-employed by reason of only seeking work in the local community.

Decision No. 1313 14

Whether a firefighter had entitlement for traumatic mental stress.

Decision No. 1568 14

Whether an individual was a worker or an employer for purposes of the WSIA.

Decision No. 967 14

Whether a claim should be considered active in a particular year, for the purposes of the employer's NEER experience rating account.

Decision No. 1491 14

Whether enhancement earnings should be included in a worker's short-term earnings basis.

Decision No. 1034 14

Whether to use the matrix or the 50% SIEF relief provision in Board policy.

Decision No. 1545 14

Consideration of entitlement to health care benefits for drugs based on generic drugs listed in the Board's drug formulary.

Decision No. 851 14

Consideration of re-employment obligations regarding a worker who was unable to perform essential duties of pre-injury employment but was able to perform suitable work.

Decision No. 1513 14

Consideration of whether a spouse was a worker, executive officer or partner in a business.

Decision No. 996 14

Consideration of an enhancement factor to a pension for bilateral cataracts.

Decision No. 1119 13

Consideration of requirements of the Board's traumatic mental stress policy regarding objectively and subjectively traumatic events, and regarding a delayed acute reaction to an event.

Decision No. 2384 12

Consideration of entitlement for idiopathic pulmonary fibrosis.

Decision No. 904 14

Focus on the worker's conduct prior to termination of the worker's employment in determining entitlement to LOE benefits after the termination.

Decision No. 1353 14

Whether entitlement for an injury should be limited to an aggravation basis.

Decision No. 480 11

Consideration of the thin skull rule, and the crumbling skull exception, in determining entitlement for emotional symptoms and traumatic mental stress.

Decision No. 1221 14

Consideration of retroactive appointment of a person as an executive officer of a corporation, in determining executive officer status.

Decision No. 1265 14

Consideration of Board policy requirements to entitlement for stomach cancer.

Decision No. 590 14

Determination of the commencement date for the recalculation of LOE benefits using the long-term earnings basis.

Decision No. 1180 14

Whether plan proposed by employer constituted productive work within meaning of Board policy.

Decision No. 916 14

Whether the Tribunal had jurisdiction over decisions of the Board's operating level on referral from an Appeals Resolution Officer.

Decision No. 874 14

Consideration of five-year guideline in Board policy regarding entitlement for psychotraumatic disability.

Decision No. 1154 14

Consideration of entitlement for chronic obstructive pulmonary disease based primarily on smoking but combined additively with occupational exposure.

Decision No. 1228 14

Need for consistency when not bound by Board policy in right to sue applications, and use of Board industry questionnaires for determining worker or independent operator status.

Decision No. 396 14

Application of the presbycusis factor in determining entitlement to a NEL award for permanent impairment related to noise-induced hearing loss.

Decision No. 2307 12 R

Consideration of issues related to the presumption, onus of proof, standard of proof, expert evidence and internet evidene.

Decision No. 860 14

Earnings basis of a volunteer firefighter.

Decision No. 468 14

Whether the worker's death from a cardiac condition was the result of a compensable heart attack many years earlier.

Decision No. 962 14

Consideration of entitlement for a sudden and unexpected emotionally traumatic event, and consideration of whether the mental stress was caused by the employer's actions relating to the worker's employment.

Decision No. 727 13

Standard for determination of whether a worker's right of action is taken away against an executive officer of the worker's employer.

Decision No. 1003 13

Whether the Ontario Rules of Civil Procedure applied to a right to sue application at the Tribunal.

Decision No. 193 14

Whether cost of a worker's LOE benefits should be apportioned between two accidents.

Decision No. 205 14

Whether a worker had entitlement for an accident while engaging in recreational activity on the employer's premises during lunch break.

Decision No. 455 14

Determination of the earnings basis for a dependent contractor.

Decision No. 537 10 R2

Whether an unlicensed representative was acting in the normal course of carrying on a profession governed by another Act, within s. 1(8) para. 1 of the Law Society Act.

Decision No. 1786 11 I2

Whether a hearing of a Charter issue should be denied based on a prior Tribunal decision on the issue.

Decision No. 515 14

Whether the firefighter presumption applied in the circumstances and whether the firefighter had entitlement for a fatal heart attack.

Decision No. 2157 09

Whether traumatic mental stress provisions in s. 13(4) and (5) of the WSIA infringed the right to equality in s. 15(1) of the Charter of Rights.

Decision No. 1686 12

Whether LOE benefits of a worker who moves to another province should continue to be based on Ontario wage rates.

Decision No. 2078 13

Determination of when a debt is considered to be due and owing, for purposes of recovery of an overpayment.

Decision No. 364 13

Whether a welder had entitlement for prostate cancer.

Decision No. 479 14

Consideration of whether a worker received health care or first aid only, in determining whether the employer should be assessed with a late filing penalty.

Decision No. 904 13

Whether a worker had entitlement for injuries suffered on the premises of an LMR service provider.

Decision No. 99 14

Whether LOE benefits should be offset by CPP benefits when the deterioration of the compensable condition leading to full LOE benefits did not result in an increased NEL award.

Decision No. 736 13

Whether a worker had entitlement for chronic toxic encephalopathy related to workplace exposure to solvents.

Decision No. 365 14

Whether an employer breached its re-employment obligations when it terminated a worker's employment for failure to provide medical documentation to support absences from work.

Decision No. 1378 12

Whether an air conditioning mechanic had entitlement for Legionnaire's disease.

Decision No. 510 14

Whether FEL benefits for a compensable injury should be offset by CPP disability benefits granted in relation to a prior compensable injury for which no FEL benefits were granted.

Decision No. 2137 13

Whether there was an agreement between the worker and her Schedule 2 employer for waiver of benefits under s. 63 of the WSIA.

Decision No. 2184 12

Whether a worker had entitlement for a bone marrow disorder related to benzene exposure.

Decision No. 474 12

Consideration of entitlement criteria in Board policy for asbestos workers with gastrointestinal cancer.

Decision No. 366 14

Whether a worker was entitled to benefits for injuries suffered when he fainted due to a non-compensable pre-existing condition.

Decision No. 47 12

Whether a worker had entitlement for infection related to an antibiotic resistant bacterium (MRSA).

Decision No. 2089 12

Determination of which of two Schedule 2 employers should be charged with the costs of a worker's claim for occupational disease.

Decision No. 1940 12

Whether a worker had entitlement for bipolar disorder.

Decision No. 236 13 R

Whether to refer issues back to the Board for determination.

Decision No. 556 06 R

Consideration of an application by the Board to reconsider based on subsequent investigation of the worker leading to the worker pleading guilty on counts of making false statements and failing to report material changes in circumstances.

Decision No. 2001 13

Whether a worker had entitlement for psychotraumatic disability, notwithstanding exaggeration of his symptoms.

Decision No. 2087 13

Whether, in the circumstances of the case, it was reasonable to require the worker to relocate in order to search for suitable work.

Decision No. 199 14

Determining the date of accident in a disablement case and whether and extension of the time to file a claim should be granted.

Decision No. 204 14

Whether a worker's NEL award should be apportioned due to pre-existing degenerative changes.

Decision No. 2574 11

Whether a firefighter, to whom the presumption in s. 15.1(4) of the WSIA did not apply, had entitlement for colorectal cancer.

Decision No. 201 14

Determination of the number of days to be factored out of the recalculation period for the worker's long-term earnings basis.

Decision No. 498 13

Consideration of provisions for review of LOE benefits for deterioration of a worker's condition after the 72-month lock-in date.

Decision No. 1968 13

Whether the worker had entitlement for hepatitis B in the absence of an open skin wound.

Decision No. 1057 09

Final decision on appeal regarding clothing allowance after Board policy change in 1996.

Decision No. 2354 12 R

Whether the Tribunal should reconsider an SIEF decision in order to take jurisdiction over retroactive adjustment of the employer's experience rating account.

Decision No. 2356 13

Apportionment of a NEL award for chronic pain disability between a compensable injury and a non-compensable co-existing condition.

Decision No. 688 12

How to attribute wage loss following a deterioration in the worker's condition, for a worker who had multiple compensable accidents.

Decision No. 1894 13

Applicability of the Board's Workwell audit to a temporary personnel agency.

Decision No. 1787 13

An overpayment is created not from when the excess amount was paid but, rather, from when the Board determines that there was an overpayment.

Decision No. 2331 13

Whether modified work at a distant location is available employment within the meaning of Board policy.

Decision No. 2180 13

Consideration of activities that fall within the parameters of a personal care allowance.

Decision No. 1126 13

Use of the Board's Adjudicative Advice document in assessing permanent impairment for a repetitive strain injury.

Decision No. 788 08

Whether natural gas door-to-door sales agents were workers or independent operators.

Decision No. 1803 13

Whether an aqua fitness program qualified as health care.

Decision No. 1018 13

Whether a mechanic in the mining industry had entitlement for lung cancer.

Decision No. 2086 13

Consideration of provision in the Board's policy on work transition plans regarding the option for older workers.

Decision No. 2210 13

Whether pay in lieu of notice received by a worker should be deducted from the worker's LOE benefits.

Decision No. 2134 13

Whether delay in receiving treatment contributed to the extent of disability caused by a stroke.

Decision No. 2348 11

Whether the Board should recalculate an employer's experience rating adjustments after retroactive classification changes.

Decision No. 512 06 R

Application for reconsideration denied, of decision finding that the two-year limit on benefits to workers injured after age 63 in s. 43(1)(c) of the WSIA did not violate s. 15 of the Charter of Rights.

Decision No. 2447 12

Whether a maintenance mechanic at a nickel producer had entitlement for lung cancer.

Decision No. 829 10

Consideration of a Charter of Rights challenge to the offset of CPP disability benefits from supplementary benefits under s. 147(4) of the pre-1997 Act.

Decision No. 1682 13

Regarding entitlement to LOE benefits after termination of a worker's employment when it has been determined that the termination is unrelated to the injury, whether it is still necessary to enter into a secondary analysis to determine whether the termination negates the significance of the compensable injury to the subsequent loss of earnings.

Decision No. 1982 13

When the Tribunal grants redetermination of a NEL award, it is still up to the Board to determine if there is a measurable deterioration which places the worker below the current NEL quantum.

Decision No. 2179 13

Review and recalculation of supplementary benefits under s. 147(4) of the pre-1997 Act.

Decision No. 1981 13

Whether the worker was entitled to reimbursement for the cost of a drug that was not on the Board's drug formularies.

Decision No. 2374 07

Whether a firefighter had entitlement for Hodgkin's lymphoma.

Decision No. 2373 12

Whether Board policy is intended to provide for multiple supplements under s. 147(4) of the pre-1997 Act when the new pension is recognized under another claim after a first supplement has been awarded but when the arrears date for the new pension award is prior to the date that the first supplement was recognized.

Decision No. 1199 12

Consideration of entitlement for non-Hodgkin's lymphoma as a result of exposure to benzene.

Decision No. 699 13 I

Whether Board policy to offset survivor benefits under s. 48 of the WSIA by 100% of CPP survivor benefits was consistent with s. 48(23).

Decision No. 1700 12

Whether a paramedic had entitlement for traumatic mental stress from attending an accident scene.

Decision No. 1512 13

Determination by the Vice-Chair of how to proceed when an unrepresented party requested an adjournment to obtain representation during the hearing.

Decision No. 1098 13

Whether a correctional officer had entitlement for mental stress based on impact of carrying out controversial orders.

Decision No. 403 12

Whether a worker had entitlement for multiple myeloma based on exposure to benzene.

Decision No. 893 13

Regarding entitlement to LOE benefits after termination of a worker's employment when it has been determined that the termination is unrelated to the injury, whether it is still necessary to enter into a secondary analysis to determine whether the termination negates the significance of the compensable injury to the subsequent loss of earnings.

Decision No. 503 10 R

Explanation of sequential decision making and its impact on jurisdiction and issue setting.

Decision No. 1858 13

Consideration of how to rate chronic pain within Class 4 of the Board's rating schedule. Entitlement for health care based on recent establishment of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario.

Decision No. 1545 13

Whether a worker, who had been pursuing his claim in another province, was entitled to an extension of the time to file a claim in Ontario.

Decision No. 1696 13 I

Whether a union representative could represent a worker of a different union under the provisions of the Law Society Act or for reasons of fairness.

Decision No. 200 13

Whether an employer was entitled to cost relief for mental disorder suffered by its worker after the worker witnessed a motor vehicle accident.

Decision No. 1706 13

The Board must prepare an LMR plan in consultation with the worker but the Board is not required to follow the worker's wishes.

Decision No. 1141 13

Whether an R2 FEL award, which was withheld because it did not receive final review by the 60th month after initial FEL determination, can be restored retroactively.

Decision No. 1164 13

Whether a worker had entitlement for sponsorship for self-directed job search activities under the Board's work transition policies.

Decision No. 1383 13

Whether a driver and transport company from out of Ontario had a substantial connection to Ontario so as to bring them within the scope of the WSIA.

Decision No. 2382 12

Review of previously denied claim by a firefighter for a heart attack in 1973 under amendments to the WSIA.

Decision No. 1064 13

Consideration of availability of employment for the worker in the identified SEB.

Decision No. 1454 13 I

Whether evidence related to time period after the time period being addressed in the appeal could be used in the hearing.

Decision No. 1444 13

Consideration of whether to stay proceedings of the employer's SIEF appeal pending resolution of a civil case brought against the employer relating to a different incident.

Decision No. 128 13 I

Determination of whether to obtain a report from a Tribunal medical assessor.

Decision No. 1100 13

Whether a uranium miner had entitlement for leukemia based on exposure to radiation.

Decision No. 943 13

Whether a worker was entitled to interest on delayed voluntary contributions to retirement benefits under s. 45(3) of the WSIA.

Decision No. 1569 13

Consideration of Board policy requirements for commutation of a pension.

Decision No. 838 13

Consideration of entitlement LMR services and LOE benefits when there is a post-accident non-compensable condition.

Decision No. 1212 13

Whether a 911 call centre supervisor had entitlement for traumatic mental stress.

Decision No. 1273 13

Consideration of what constitutes a chronic pain NEL rating within Class 4 of the Board's rating schedule.

Decision No. 2 08

Whether a fitness club membership constituted health care within s. 32 of the WSIA.

Decision No. 273 10 I

Charter of Rights question based on age raised regarding loss of earnings benefits under s. 43(1)(c) of the WSIA and loss of retirement income under s. 45(1).

Decision No. 1228 13

Whether a worker was entitled to a discretionary increase in his NEL award, in accordance with a provision in the AMA Guides.

Decision No. 1011 13

Whether an injured worker, who was unable to continue working for the employer due to conditions imposed after pleading guilty to a criminal charge, was entitled to LOE benefits.

Decision No. 716 13

Determination of what constitutes a decision for the purposes of establishing the time limit to appeal.

Decision No. 665 10 I2

Whether to use the average worker test in considering a claim for mental stress.

Decision No. 1276 13

Whether there was delay in implementing adjustment of FEL benefits to reflect receipt of CPP disability benefits that would warrant waiver of recovery of overpayment.

Decision No. 1055 13

Consideration of provisions in the Act and Board policy regarding horseplay and misconduct.

Decision No. 1158 13

Worker, whose employment was terminated for reasons unrelated to the compensable injury, was entitled to benefits during period of recovery from compensable surgery.

Decision No. 1118 12

Consideration of entitlement to LOE benefits during a strike.

Decision No. 2158 11

Board policy on fighting is not restricted to a physical fight
a verbal altercation is a fight within the meaning of the policy.

Decision No. 1626 12

Regarding worker status, the fact of incorporation is of central relevance in determining whether an individual is a worker or an executive officer of the corporation.

Decision No. 468 08 R

Whether it was advisable to reconsider a decision when the request to reconsider was received four years after release of the decision.

Decision No. 1846 12

Consideration of risk of lung cancer due to smoking when the worker smoked only moderately and quit smoking many years prior to diagnosis.

Decision No. 233 13

Determining the offset of CPP disability benefits from LOE benefits, in circumstances where there were also non-compensable conditions.

Decision No. 809 10 R

Whether a Tribunal decision, which granted entitlement for psychotraumatic disability, with the nature and quantum of benefits to be determined by the Board, and which granted partial LOE benefits, was a final determination of entitlement to LOE benefits.

Decision No. 2421 12

Whether a worker with a left elbow impairment should receive a separate NEL rating for loss of grip and pinch strength, and whether the whole person impairment rating should be increased due to a congenital right arm disability.

Decision No. 1033 13 I

Determination of an employer's access to the worker's file, when the issue in dispute was retroactive adjustment of the employer's experience rating account to reflect increased SIEF relief.

Decision No. 717 13

Consideration of the criteria for determining what constitutes a Board decision, in the context of the time limit to appeal.

Decision No. 666 13

Whether an LMR program provided the worker with new skills or improved existing skills, in determining the amount of LOE benefits.

Decision No. 889 13

Whether a worker had entitlement for an injury suffered during an LMR program.

Decision No. 344 10 R

Whether it is advisable to reconsider a decision when the request to reconsider is received more than six months after release of the decision.

Decision No. 1138 12

Whether workers participating in non-mandatory professional development activity were in the course of employment.

Decision No. 583 13

Whether an employer was entitled to access to potentially relevant, sensitive information in the worker's file concerning a family member of the worker.

Decision No. 732 13

Determination of the earnings basis of an apprentice at the time of a subsequent lay-off.

Decision No. 865 13

Whether an injured worker was entitled to LOE benefits during a strike when he was not in receipt of LOE benefits at the time of the strike, due to delay in processing the claim.

Decision No. 795 13

Reinstatement of LMR services after intervening, non-compensable reasons for non-co-operation in the program ended.

Decision No. 946 13

Calculation of the offset of CPP disability benefits from LOE benefits for a worker whose actual pre-injury earnings were above the statutory maximum.

Decision No. 818 12

Whether a worker had entitlement for traumatic mental stress based on criminal charge of assault related to a workplace event.

Decision No. 248 13

Consideration of change in Board policy regarding sinter plant exposure, and review of principles relating to epidemiological evidence.

Decision No. 640 13

Evaluation of epidemiological evidence in determining entitlement for a rare form of leukemia.

Decision No. 685 13

Determining post-accident earnings of a self-employed worker for FEL purposes.

Decision No. 270 13

Determining the percentage of offset of CPP disability benefits from LOE benefits, in circumstances of minor non-compensable conditions.

Decision No. 493 13

Calculation of supplements under s. 147(4), both initially and on subsequent review, is subject to the Old Age Security cap in subsection (8).

Decision No. 1562 12

Calculation of an employer's premiums and surcharge when migrating from the MAPP experience rating plan to the CAD-7 experience rating plan.

Decision No. 556 13

Whether a worker had entitlement for non-Hodgkin's lymphoma based on exposure to second-hand smoke.

Decision No. 644 13

Effect of early retirement on entitlement to LOE benefits.

Decision No. 99 13

Whether worker had entitlement for traumatic mental stress due to sexual harassment.

Decision No. 2293 08 R

Whether an impairment of earning capacity is required for determination of entitlement to a pension.

Decision No. 585 13

Hepatitis C as a result of a needle stick injury.

Decision No. 712 11

Whether worker should have entitlement for chronic pain disability or psychotraumatic disability.

Decision No. 2450 12

Entitlement to LOE benefits after termination of an injured worker's employment for reasons unrelated to the compensable injury.

Decision No. 2388 12

Whether worker's condition was chronic pain or fibromyalgia.

Decision No. 407 13

Whether entitlement should be granted for chronic pain or psychotraumatic disability.

Decision No. 1824 12

Psychiatric condition related to mistreatment by a supervisor and co-workers after return to modified work following a physical injury.

Decision No. 2131 12

Whether the Tribunal had jurisdiction on a right to sue application after the civil action was dismissed by the court as abandoned.

Decision No. 422 13

Determination of the date from which the time limit to appeal should run.

Decision No. 283 13

A notice of audit is spent only if it takes too long for the audit results to be first communicated to the employer.

Decision No. 2307 12

Whether a millwright, with a history of smoking and alcohol consumption, had entitlement for esophageal cancer.

Decision No. 214 13

Whether hearsay evidence can be the basis for rejection of direct testimony.

Decision No. 1916 07 R

Denial of entitlement by the Board to workplace insurance benefits after determination that the worker's right of action was taken away.

Decision No. 2020 12 I

Admissibility of surveillance evidence.

Decision No. 186 13

Whether to consider a retroactive NEER adjustment in the context of an appeal regarding the quantum of SIEF relief.

Decision No. 173 05 I

Application by the common law spouse of a deceased worker for authority to pursue a claim on behalf of the worker's estate.

Decision No. 2064 12

Determination of worker status of a child helping in a family business.

Decision No. 2169 07

Whether an injury was an accident or attempted suicide.

Decision No. 25 13

Application of Board policy on occupational disease in claim that meets factual provisions of the policy, without need to consider other etiologies.

Decision No. 2063 12

Whether contentious family matters provided a legitimate reason for failure to co-operate with LMR.

Decision No. 1825 11 R

Distinction between large corporations and small, family-controlled businesses in determination of executive officer status of a person who was not in any the positions identified as executive officers in Board policy.

Decision No. 208 13

Whether a worker was entitled to a discretionary increase in the NEL award for shoulder impairment.

Decision No. 1432 12

Right to sue of a plaintiff who intended to pursue personal activities but, at the moment of an accident, was engaged in work-related activity.

Decision No. 1354 07

Extensive review of whether the stress provisions in the WSIA were applicable to the federal Government Employees Compensation Act, although, in the circumstances, it was not necessary to make a determination on that issue.

Decision No. 601 11

Classification of a provider of home care services.

Decision No. 1229 12

Consideration of entitlement to multiple FEL awards where worker was already in receipt of a full FEL award.

Decision No. 1954 12

Generally, a worker cannot be entitled to benefits for both chronic pain and psychotraumatic disability
thus, in the circumstances, it was not appropriate for the worker, who was pursuing an increase in the quantum of chronic pain entitlement, to pursue entitlement for psychotraumatic disability.

Decision No. 1861 10 IR

Type of new evidence required to re-open issue of extension of a time limit.

Decision No. 2054 11 R

Application by defendants in a civil action, who chose not to participate in a right to sue application, for clarification of the decision.

Decision No. 147 10

Traumatic mental stress of police 911 dispatcher.

Decision No. 1882 12

Entitlement for traumatic mental stress based on continuous verbal harassment by a co-worker.

Decision No. 2480 12

Consideration of a worker's request for an adjournment in order to pursue other issues at the Board.

Decision No. 98 13

Temporary benefits after retirement under the pre-1985 and pre-1989 Acts.

 

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