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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 2125 16
9/9/2016
B. Doherty

  • Loss of earnings {LOE} (calculation) (Canada Pension Plan)

The worker suffered a low back injury in 2008. The Board denied entitlement for depression and post-traumatic stress disability under its psychotraumatic disability policy but granted entitlement for chronic pain disability and full LOE benefits. The worker appealed a decision of the Appeals Resolution Officer offsetting the LOE benefits by the full amount of CPP disability benefits received by the worker. Depression and PTSD played a role in the approval of the worker's CPP disability benefits. Depression could not be considered as a non-work-related injury, as it is included in the holistic rating for chronic pain disability granted by the Board. However, PTSD is a psychiatric condition that is not considered under the Board policy on chronic pain disability. It would be considered under the psychotraumatic disability policy. The Board denied entitlement for the PTSD. Accordingly, the PTSD was a non-work-related injury that played a role in the approval of the worker's CPP disability benefits. The Vice-Chair attributed the CPP disability benefits 15% to non-work-related PTSD. Therefore, the worker's LOE benefits should be offset by only 85% of the CPP disability benefits. The appeal was allowed in part.