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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 2346 12 I3
G. Dee - E. Tracey - C. Salama

  • Intervenors
  • Jurisdiction, Board (policy or regulation)
  • Board Directives and Guidelines (employer assessment) (fatal claim premium adjustment)

In Decision No. 2346/12I2, the Panel concluded that the employer was not entitled to relief from the application of the fatal claim premium adjustment policy. The employer submitted that provisions of the fatal claim premium adjustment policy were not authorized by the WSIA. Prior to reaching a decision in response to the employer's submissions, the Panel requested additional submissions from the Board regarding its authority for the policy.
In this decision, the Panel considered three requests for intervenor status. The Panel concluded that this was an appropriate matter for the participation of intervenors. The issues in the case were significant ones that have attracted a substantial amount of stakeholder interest, and this is the first challenge that has been made at the Tribunal to the fatal claim premium adjustment policy.
The Panel granted intervenor status to the three intervenors. Two of those requests were from worker groups and one from an employer group. With the participation of the employer, there will be a balance of two participants from the perspective of employers and two participants from the perspective of workers.
Anonymized materials will be distributed to the intervenors and they will have the opportunity to provide written submissions. The Panel also imposed limits on the size of the submissions.