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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 479 14
4/16/2014
S. Peckover

  • Health care
  • Notice of accident (by employer) (late filing penalty)

The worker was splashed in the face as he was walking by a truck that was being power washed. He rinsed his eye at the eye wash station and returned to work. That night he attended the emergency department of his local hospital. He returned to work the following day. The employer appealed a decision of the Appeals Resolution Officer assessing the employer with a $250 penalty for late filing. The employer submitted that the worker received first aid only and that the employer was not required to file a Form 7. The Vice-Chair noted that Board Operational Policy Manual, Document No. 15-01-02, on employer's initial reporting obligations, distinguishes between accidents requiring health care and accidents requiring first aid only. First aid can be provided by many different people and is not restricted to health care practitioners. On the other hand, health care is something which only someone who is trained in the medical field can provide. In this case, the worker went to the emergency department, was diagnosed with a corneal abrasion and was given a medication to control irritation. The medical practitioner in the emergency department may have told the worker that he was alright but he also advised him to use the medication. This is not an opinion that could be offered by a non-medical person. The employer focused on a provision in the policy that the employer should consider the type of care provided rather than the professional qualifications of the provider in determining whether care was provided to the worker. However, the Vice-Chair was satisfied that the worker received health care at the emergency department. Accordingly, the employer was required to report the accident. The appeal was dismissed.