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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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  Decision 1064 12
7/18/2016
E. Smith - B. Davis - A. Grande

  • Ambulance attendant
  • Referral to Board (first responder) (post-traumatic stress disorder)

A paramedic appealed a decision of the Appeals Resolution Officer denying entitlement for post-traumatic stress disorder. The WSIA was amended regarding post-traumatic stress disorder in first responders effective April 6, 2016. Section 14(14) provides that pending claims before the Tribunal on April 6, 2016, shall be referred back to the Board for the Board to decide in accordance with s. 14. The worker in this case was a paramedic and has been diagnosed with post-traumatic stress disorder. Section 14(14) was applicable. It removed the Tribunal's jurisdiction to consider the appeal. The employer submitted that there was delay in this case. The hearing had been adjourned twice. However, the employer had not requested reconsideration of the interim decision in which the second adjournment was granted. The employer could have made submissions about the possible the legislation at the time of the adjournment but did not do so. In any event, it was questionable whether it would have been proper to try to expedite the hearing process in order to deny the worker the benefits of the legislation that was clearly intended to have retroactive effect. The claim was referred back to the Board. Any concerns of the employer regarding the correctness of PTSD as the diagnosis or other matters can be raised with the Board when it makes its decision on the claim.