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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 455 20
6/18/2020
K. Jacques

  • Health care (medical aid) (marijuana)

The worker was seeking entitlement to coverage for medical marijuana.
Vice-Chair reviewed prior Tribunal decisions in respect of entitlement to coverage for medical marijuana and on this basis synthesized the criteria as set out in these decisions to the following five criteria:
1. Constant and debilitating pain related to the worker's compensable injury.
2. Other methods of pain control have been tried, but are less effective or practical.
3. A treating physician has recommended/prescribed medical cannabis.
4. A reasonable treating physician opinion that medical cannabis is effective for the worker.
5. A lack of contraindications regarding cannabis use.
In this case with respect to the first criterion, despite fluctuations, the Vice-Chair found that the worker's pain was constant and debilitating.
The Vice-Chair found all the other criteria above had been met in this case.
The appeal was allowed.