This message is displayed because client-side scripting is turned off or not supported in the browser you are currently using.
Please turn on client-side scripting or install a browser that supports client-side scripting.

Ontario Government | Ministry of Labour | Site Map | Accessibility | text resize: A A A

Home | About Us | OWT Library | Forms | Practice Directions | Decision Search | Contact Us | Fran├žais

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.

Questions?

Decisions

Appeal Process

For Representatives

Finding a Representative

Documents & Publications

Legal/Medical Resources

Popular Topics

Links to Other Agencies

Highlights of Noteworthy Decisions

  Decision 2707 16
11/8/2016
Z. Onen

  • Disc, degeneration
  • Pensions (reassessment)

The worker suffered a low back injury in 1988, for which he was granted a 10% pension. The worker appealed a decision of the Appeals Resolution Officer denying a reassessment of the pension due to permanent worsening of his condition. The worker had some mechanical low back pain as a result of the compensable accident. Evidence indicated that he was very fit, moved well and had normal range of motion. When the worker applied for the reassessment, more than 20 years later, he had degeneration in his spine at multiple levels, as well as other medical conditions. A Tribunal medical discussion paper notes that, to cause later degenerative change, an accident to the spine must be a high energy injury. Such an injury would require significant investigation and treatment at the time, and any subsequent deterioration would be at the site of the injury. In this case, there was no evidence of a high impact injury, and the worker had degeneration at multiple levels, suggesting that the changes were related to the ageing process. There was no worsening of the worker's condition that was related to the compensable accident. The appeal was dismissed.