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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 2993 17
10/24/2017
S. Peckover

  • Experience rating (NEER) (active file)

In Decision No. 1014/14, the Tribunal granted the worker initial entitlement for a hernia in August 2010. The Board then granted the worker LOE benefits from November 2010 to December 2010. The employer appealed a decision of the Appeals Resolution Officer concluding that the worker's claim should be considered active in 2014.
The Board considered the claim to be active in 2014 because the benefits for the period in 2010 were paid in 2014. However, the Vice-Chair agreed with Tribunal Decisions No. 167/07 and 1181//12, that the activity of a claim file depends on the date of entitlement and not the date of the determination of that entitlement. Accordingly, the claim file was inactive in 2014. The appeal was allowed.