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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 487 18
2/28/2018
E. Kosmidis - D. Thomson - A. Signoroni

  • Negligence
  • Transfer of costs

A worker at a construction site suffered post-traumatic stress after going to the aid of another worker who was trapped under a concrete pump truck that had overturned. The worker's employer appealed a decision of the Appeals Resolution Officer denying transfer of costs of the claim to the employer that operated the truck.
An investigation by the Ministry of Labour found that the driver of the truck failed to extend the four stabilizing outrigger supports while the boom was extended in the air, causing the truck to tip over, falling on a worker and killing him. This was negligence in the operation of machinery by the truck operator.
The worker's employer was entitled to transfer of the full costs of the claim to the employer that operated the truck. The appeal was allowed.