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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 2041 19
3/16/2020
E. Kosmidis

  • Experience rating (NEER) (retroactive adjustment)
  • Second Injury and Enhancement Fund {SIEF} (preexisting condition)
  • Board Directives and Guidelines (SIEF) (matrix or fifty per cent relief provision)

The Board applied the automatic 50% SIEF relief provision found in OPM Document No. 14-05-03.
This provision provides that, if there has been an aggravation of a pre-existing condition or if there is evidence that the disability following the accident has been enhanced because of a pre-existing condition, 50% of the cost of the claim (compensation and health care) is charged to the SIEF.
The Vice-Chair, following Decision No. 1034/14, found that in this appeal the provision was superseded by the matrix found in the SIEF policy, as there was a compensable permanent impairment in this case and the 50% relief only applies to compensation and health care costs.
The Vice-Chair went on to find that the employer was entitled to 75% SIEF relief based on a moderate accident and a major pre-existing condition.
The employer was further granted a retroactive adjustment to its NEER account.