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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 867 15
E. Smith

  • Permanent impairment {NEL} (degree of impairment) (knee)
  • Board Directives and Guidelines (NEL) (redetermination)

The worker suffered a knee injury in 2007, for which he was granted a 4% NEL award. The worker appealed a decision of the Appeals Resolution Officer denying an increase in the NEL award.
On the evidence, the 4% NEL award was appropriate.
The worker had also asked the Board for an independent medical evaluation (IME). The Board refused, stating that, under Board policy, it is for the worker to provide medical reporting of deterioration. The Vice-Chair agreed that Board Operational Policy Manual, Document No. 18-05-09, on redeterminations, provides that it is the responsibility of the worker to provide initial medical evidence in support of a request for redetermination of a NEL rating. The Board would then review the medical reporting provided and determine whether it is sufficient to refer the worker for a NEL reassessment. In this case, the worker did not provide any medical reporting in support of his subjective belief that his condition has deteriorated.
The appeal was dismissed.