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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 947 17 I
L. Petrykowski - M. Lipton - M. Ferrari

  • Death (maintenance of claim by estate)

The worker filed an appeal at the Tribunal but passed away during the pre-hearing stage. The worker's will named two trustees of her estate. One of the trustees wanted to proceed with the appeal. The other trustee did not have any interest in participating.
The other trustee indicated to TCO that she would provide her consent to allow the first trustee to proceed with the appeal but she did not provide the consent and has not been in further communication with the Tribunal.
The Panel found that the lack of interest or communication from the second trustee should not be an impediment to the appeal being moved forward by the first trustee. In the circumstances, the first trustee was authorized to continue the appeal on behalf of the worker's estate.