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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 1954 12
2/6/2013
M. Crystal - E. Tracey - K. Hoskin

  • Issue setting
  • Permanent impairment {NEL} (redetermination) (significant deterioration)
  • Loss of earnings {LOE} (deemed earnings)

The worker suffered an arm injury. The Board granted a 35% NEL award for chronic pain disability. The worker appealed a decision of the Appeals Resolution Officer denying entitlement for neck and shoulder injuries, entitlement for psychotraumatic disability, an increase in the chronic pain award and an increase in LOE benefits. A chronic pain award supersedes and replaces an organic award. If the worker wants to pursue entitlement on an organic basis for the neck and shoulder, the Panel wanted to know if the worker would let the Panel rescind the chronic pain award. The worker advised that he wanted to retain the award for chronic pain disability. The worker withdrew the appeal on the issue of entitlement for neck and shoulder conditions. The Panel further noted that, generally, a worker cannot be entitled to benefits for both chronic pain and psychotraumatic disability. Since the worker is pursuing an increase in the quantum of chronic pain entitlement, it would not be appropriate to pursue entitlement for psychotraumatic disability. The worker withdrew the appeal on the issue of entitlement for psychotraumatic disability. The evidence did not establish a deterioration of the worker's level of impairment for chronic pain. The worker was not entitled to redetermination of the NEL award. The worker was entitled to LOE benefits based on ability to work at minimum wage as of December 2006. The appeal was allowed in part.