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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 916 14
7/3/2014
E. Smith - B. Young - D. Broadbent

  • Jurisdiction, Tribunal (final decision of Board)

The Appeals Resolution Officer found that the worker was entitled to a work transition assessment. After the assessment, the operating level found that the worker was capable of working in a suitable occupation. The worker appealed the decision of the Appeals Resolution Officer, claiming that he was competitively unemployable and entitled to full LOE benefits to age 65. The ARO referred the worker for a work transition assessment. The ARO made no final decision regarding employability. It was the operating level that found that the worker was not competitively unemployable and that he was capable of working in a suitable occupation. This case was similar to Tribunal decisions, in which a worker is dissatisfied with the manner in which the Board implements a Tribunal decision. The ARO determined only that the worker was entitled to a work transition assessment. On the evidence, the Panel confirmed that decision. The Tribunal did not have jurisdiction regarding the operating level decision that the worker was not competitively unemployable, because there was no final decision of the Board on that issue. The appeal was dismissed.