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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 1892 18 I
6/26/2018
B. Kalvin - D. Thomson - M. Ferrari

  • Referral to Board (stress, mental)

The worker submitted a claim in 1996 for entitlement resulting from workplace stressors in 1990 and 1994.
In this decision, the Panel considered the employer's request that the Tribunal refer the worker's appeal back to the Board pursuant to amendments to the WSIA in s. 13.1(8).
This claim was governed by the pre-1997 Act. According to s. 102 of the WSIA, the pre-1997 Act continues to apply to pre-1998 injuries. Section 13.1(1) of the new amendments provides that the rules set out in subsections (2) to (9) apply for the purposes of determining entitlement under s. 13(4). Since the worker's case is governed by the pre-1997 Act, there will not be a determination of entitlement to benefits under s. 13(4).
Accordingly, the transitional provisions, including s. 13.1(8) which states that cases pending at the Tribunal on January 1, 2018 shall be referred back to the Board, do not apply in this case.
The appeal will proceed at the Tribunal.