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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 2001 13
2/24/2014
M. Crystal - M. Trudeau - A. Grande

  • Credibility
  • Malingering
  • Psychotraumatic disability

The worker suffered a shoulder injury in 2008. The Panel found that the worker had entitlement for psychotraumatic disability. In some cases, a panel will be able to identify a degree of improperly motivated conscious exaggeration without feeling that the genuineness of the basic claim has been totally undermined. That was the situation in this case. Considering the full body of psychological evidence available, the Panel found that the worker had a genuine psychological disorder, notwithstanding his tendency to exaggerate both the accident history and his subsequent pain and psychological symptoms.