This message is displayed because client-side scripting is turned off or not supported in the browser you are currently using.
Please turn on client-side scripting or install a browser that supports client-side scripting.

Ontario Government | Ministry of Labour | Site Map | Accessibility | text resize: A A A

Home | About Us | OWT Library | Forms | Practice Directions | Decision Search | Contact Us | Fran├žais

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.

Questions?

Decisions

Appeal Process

For Representatives

Finding a Representative

Documents & Publications

Legal/Medical Resources

Popular Topics

Links to Other Agencies

Highlights of Noteworthy Decisions

  Decision 1126 13
1/8/2014
B. Doherty

  • Permanent impairment {NEL} (degree of impairment) (carpal tunnel syndrome)
  • Permanent impairment {NEL} (rating schedule) (AMA Guides)

In Decision No. 1126/13I, the Vice-Chair decided the issues in the worker's appeal, except the issue of the NEL rating for the worker's carpal tunnel syndrome and tenosynovitis. In assigning a 10% rating for those conditions, the Board used its RSI adjudicative advice document, rather than the AMA Guides. The Vice-Chair accepted the Board's explanation that it was not practical to use the AMA Guides since the AMA Guides suggest that the evaluation take place after the worker has worked for six to eight hours. Since this is logistically close to impossible in every RSI case, the Board used its adjudicative advice document. The rating assigned under the adjudicative advice document was higher than if the AMA Guides had been used. The Vice-Chair confirmed the rating as assigned by the Board.