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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 302 19
2/27/2019
A. Patterson

  • Pensions (reassessment)
  • Pensions (Rating Schedule) (back)

The worker suffered a low back injury in October 1977, for which he was granted a 20% pension, later increased to 30%, then to 50% and then to 60%.
The Vice-Chair found that the worker was entitled to a further pension reassessment due to deterioration of his condition. The ARO found that the 60% pension was already the maximum allowable under the Ontario Rating Schedule for failed back syndrome. However, the Vice-Chair noted that the Board policy provides that the Ontario Rating Schedule is used only as a guide for minimum rating levels for specified disabilities and that, in every case, emphasis is placed on individual factors.