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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 1545 13
10/1/2013
S. Martel

  • Out of province
  • Notice of accident (by worker)

The worker worked for the employer for two weeks in August 2003. The worker appealed a decision of the Appeals Resolution Officer denying an extension of the time to file a claim in May 2010. The worker had a previous claim while working in British Columbia. The worker submitted that he was erroneously directed to pursue his claim in British Columbia as a recurrence. Board policy has a provision regarding workers who elect to claim in another jurisdiction, only to discover that their claim can only be pursued in Ontario. In such circumstances, when the six-month deadline for filing a claim in Ontario has expired, workers are given 30 days to notify the Board that they want to file a claim. It was not clear that this provision applied in this case because it deals with the situation where a worker has an election to claim benefits in another jurisdiction. In any event, the process of pursuing the claim in British Columbia ended in 2006. Thus, when the worker began to pursue the claim in Ontario in 2010, it was well beyond the 30 days after the claim was denied in British Columbia. The Vice-Chair noted that the employer's account went inactive in 2007. Therefore, the delay hampered the Board's ability to obtain any information about the alleged accident. The worker was not entitled to an extension of the time to file the claim. The appeal was dismissed.