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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 886 15
A. Patterson

  • Board Directives and Guidelines (chronic pain) (marked life disruption)
  • Fibromyalgia

A personal support worker suffered a shoulder injury in May 2008. The worker appealed a decision of the Appeals Resolution Officer finding that modified work offered from September 2008 to March 2009 was suitable for the worker and denying entitlement for fibromyalgia.
On the evidence, the worker would have been capable of performing the modified work by December 2008. The worker was entitled to LOE benefits from September 2008 to December 2008.
Board Operational Policy Manual, Document No. 15-04-03, on chronic pain disability, requires marked life disruption in occupational, social and home life. The policy states that, while all three must be present, there is not requirement that all three aspects of a person's life must be disrupted to the same degree.
There was an issue in this case regarding disruption in the occupational sphere. The Vice-Chair was satisfied that there were sufficient indicia of disruption in the worker's occupational life. She was able to work significant overtime prior to the accident but was no longer able to do so. She learned to cope with the demands of her job by self-pacing and asking co-workers for help with tasks that she previously performed alone. The Vice-Chair concluded that the worker had entitlement for fibromyalgia.
The appeal was allowed in part.