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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 1825 11 R
2/26/2013
E. Smith

  • Reconsideration (consideration of evidence)

In Decision No. 1825/11, the Vice-Chair found that the plaintiff in a civil case was a worker at the time of an accident and not an executive officer and that, accordingly, his right of action was taken away. The plaintiff applied for reconsideration of Decision No. 1825/11. The Vice-Chair considered the evidence and came to a reasonable conclusion. The plaintiff referred to a number of decisions finding that persons may be recognized as executive officers even when they do not have the job title referred to in Board policy or when that role has not been formally documented in corporate records. The Vice-Chair distinguished those decisions as involving small, family-controlled businesses in which it might be more understandable that formal corporate records are not maintained. The application to reconsider was denied.