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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 236 13 R
2/28/2014
M. Crystal

  • Reconsideration (procedural error)
  • Referral to Board

The worker suffered a left shoulder injury in 1972. The Board also granted entitlement for psychotraumatic disability. The total pension was 90%. The worker died in 2011. The worker's estate appealed a decision of the Appeals Resolution Officer denying entitlement for a left knee or foot condition in 2006, and denying the worker an independent living allowance. In Decision No. 236/13, the Vice-Chair found that the worker did not suffer a left foot injury but did suffer a left knee, for which he was entitled to a pension assessment. The Vice-Chair remitted the determination of the independent living allowance to the Board to determine after determination of the pension for the knee disability. The estate applied for reconsideration of Decision No. 236/13, regarding the referral to the Board of the issue of the independent living allowance. There was no error by the Vice-Chair in deciding to refer the matter back to the Board. It was within his discretion to do so. While the Vice-Chair may have determined the issue of the independent living allowance without knowing the Board's pension rating for the knee, there was no error by the Vice-Chair in deciding to refer the matter back to the Board. It was within his discretion to do so. The pension rating for the knee is a critically important piece of information in deciding whether the worker was entitled to the allowance. The application to reconsider was denied.