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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 672 17
3/10/2017
S. Ryan

  • Supplements, transitional provisions (calculation) (deemed earnings)

The worker appealed a decision of the Appeals Resolution Officer basing supplementary benefits under s. 147(4) of the pre-1997 Act at the sixty-month review on deemed earnings. The Vice-Chair agreed with Decision No. 960/06 and found that there is no basis in law or policy to base s. 147(4) supplementary benefits on deemed earnings. In this case, the worker had only a 7% pension but his earnings were significantly lower than pre-accident earnings. The worker was entitled to the supplement based on his actual earnings at the time. The appeal was allowed.