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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 795 13
5/29/2013
L. Petrykowski - M. Christie - A. Grande

  • Board Directives and Guidelines (labour market re-entry) (reassessment)
  • Labour market re-entry {LMR} (cooperation) (disabled by non-compensable condition)

The worker suffered from carpal tunnel syndrome, for which the Board granted a 10% NEL award. The Board terminated LMR assistance in 2008, after finding that the worker was not co-operating in the LMR program. The worker appealed a decision of the Appeals Resolution Officer denying reinstatement of LMR services. The worker suffered from bipolar disorder, for which he took medication. The worker's lack of co-operation in the LMR program was related to change in medication for his non-compensable bipolar disorder. Board policy provides for reduction or suspension of LMR services where non-compensable factors arise. The Panel found that the non-compensable intervening events in this case did not warrant permanent termination of the worker's LMR program. The effects of the non-compensable intervening condition, which disrupted the worker's participation in the LMR program, have ended. It was now appropriate to reinstate LMR services. The appeal was allowed.