Workplace Safety and Insurance Appeals Tribunal http://www.wsiat.on.ca/ Contains recent announcements and highlights of recent noteworthy decisions. en-ca Queen's Printer for Ontario, 2009 Mon, 24 Jul 2017 14:40:59 EST 240 http://www.wsiat.on.ca/images/coatOfArms.png Workplace Safety and Insurance Appeals Tribunal http://www.wsiat.on.ca/ Decision No. 1098 17 Whether there is entitlement for chronic pain disability when organic condition resolved within usual healing time. NoteworthyDecSummary.asp?lan=E&dec_decid=76674 Fri, 21 Apr 2017 00:00:00 EST Decision No. 353 17 Consideration of a global or holistic approach to rating psychotraumatic disability. NoteworthyDecSummary.asp?lan=E&dec_decid=75882 Thu, 20 Apr 2017 00:00:00 EST Decision No. 925 17 Consideration of non-earning periods to be excluded from the recalculation of long-term benefits. NoteworthyDecSummary.asp?lan=E&dec_decid=76483 Thu, 20 Apr 2017 00:00:00 EST Decision No. 2071 12 R2 Consideration of the substantial connection to Ontario of a defendant employer and its worker. NoteworthyDecSummary.asp?lan=E&dec_decid=73579 Tue, 11 Apr 2017 00:00:00 EST Decision No. 947 17 I Whether one of the trustees of an estate should be authorized to maintain a claim on behalf of the estate. NoteworthyDecSummary.asp?lan=E&dec_decid=76509 Tue, 11 Apr 2017 00:00:00 EST Decision No. 1005 17 Whether a worker was entitled to LOE benefits while pursuing a grievance related to termination of employment. NoteworthyDecSummary.asp?lan=E&dec_decid=76572 Mon, 10 Apr 2017 00:00:00 EST Decision No. 976 17 Attribution of LOE benefits in a case of multiple claims. NoteworthyDecSummary.asp?lan=E&dec_decid=76542 Fri, 7 Apr 2017 00:00:00 EST Decision No. 1702 10 I3 Whether to accept proposed reply evidence or new evidence. NoteworthyDecSummary.asp?lan=E&dec_decid=64364 Tue, 4 Apr 2017 00:00:00 EST Decision No. 3182 16 Determination of applicable Board policies in considering whether a NEL award should be reduced due to a pre-existing condition. NoteworthyDecSummary.asp?lan=E&dec_decid=75311 Tue, 28 Mar 2017 00:00:00 EST Decision No. 256 16 Determination of status as a worker or dependent contractor and determination of the long-term earnings basis. NoteworthyDecSummary.asp?lan=E&dec_decid=72122 Fri, 24 Mar 2017 00:00:00 EST Decision No. 312 17 Consideration of entitlement to LOE benefits after termination of employment and after a subsequent non-compensable injury. NoteworthyDecSummary.asp?lan=E&dec_decid=75838 Mon, 20 Mar 2017 00:00:00 EST Decision No. 1704 05 whether the Tribunal had authority to look behind a final decision of the Board to address perceived defects in the Board's decision-making process. NoteworthyDecSummary.asp?lan=E&dec_decid=40612 Fri, 17 Mar 2017 00:00:00 EST Decision No. 57 17 Whether a claim of a first responder for traumatic mental stress should be referred back to the Board. NoteworthyDecSummary.asp?lan=E&dec_decid=75571 Thu, 16 Mar 2017 00:00:00 EST Decision No. 521 16 R Consideration of application to reconsider a decision on a right to sue application, based on an amended statement of claim. NoteworthyDecSummary.asp?lan=E&dec_decid=76108 Thu, 16 Mar 2017 00:00:00 EST Decision No. 672 17 Calculation of a transitional supplement under s. 147 of the pre-1997 Act. NoteworthyDecSummary.asp?lan=E&dec_decid=76216 Fri, 10 Mar 2017 00:00:00 EST Decision No. 322 17 I Whether a NEL award should be reduced due to a pre-existing condition. NoteworthyDecSummary.asp?lan=E&dec_decid=75848 Wed, 8 Mar 2017 00:00:00 EST Decision No. 385 17 Whether the significance of a repetitive strain injury to a permanent impairment was outweighed by a pre-existing condition. NoteworthyDecSummary.asp?lan=E&dec_decid=75917 Mon, 6 Mar 2017 00:00:00 EST Decision No. 2701 16 Whether a NEL award should be reduced due to a pre-existing condition. NoteworthyDecSummary.asp?lan=E&dec_decid=74795 Thu, 16 Feb 2017 00:00:00 EST Decision No. 771 16 Whether the right of action of a federal mail contractor was taken away. NoteworthyDecSummary.asp?lan=E&dec_decid=74939 Wed, 15 Feb 2017 00:00:00 EST Decision No. 1410 13 Retroactivity of registration of an employer under the Board's policy on voluntary registration. NoteworthyDecSummary.asp?lan=E&dec_decid=71945 Tue, 14 Feb 2017 00:00:00 EST Decision No. 1692 16 Recalculation of the long-term earnings basis in the case of a permanent worker with non-earning periods in the year prior to the accident. NoteworthyDecSummary.asp?lan=E&dec_decid=73698 Wed, 8 Feb 2017 00:00:00 EST Decision No. 134 17 Consideration of Board policy regarding entitlement for injury resulting from insect bites. NoteworthyDecSummary.asp?lan=E&dec_decid=75651 Mon, 6 Feb 2017 00:00:00 EST Decision No. 215 17 Whether, in the circumstances, an offer of modified work on a different shift constituted suitable employment. NoteworthyDecSummary.asp?lan=E&dec_decid=75738 Wed, 1 Feb 2017 00:00:00 EST Decision No. 3263 16 Binding nature of Tribunal decision on a subsequent related decision. NoteworthyDecSummary.asp?lan=E&dec_decid=75400 Tue, 31 Jan 2017 00:00:00 EST Decision No. 200 17 I Whether a worker's appeal could proceed after the employer was placed in receivership. NoteworthyDecSummary.asp?lan=E&dec_decid=75723 Tue, 24 Jan 2017 00:00:00 EST Decision No. 2946 16 Review of LOE benefits after 72 months due to incomplete WT or due to significant temporary deterioration. NoteworthyDecSummary.asp?lan=E&dec_decid=75058 Mon, 23 Jan 2017 00:00:00 EST Decision No. 3227 16 Whether, in the circumstances, it was reasonable for a worker to rely on a functional abilities form (FAF) completed by his family doctor. NoteworthyDecSummary.asp?lan=E&dec_decid=75362 Wed, 18 Jan 2017 00:00:00 EST Decision No. 3308 16 Distinction between an aggravation and a recurrence, and consideration of entitlement under the Board's policy on aggravation basis. NoteworthyDecSummary.asp?lan=E&dec_decid=75454 Fri, 13 Jan 2017 00:00:00 EST Decision No. 2795 16 Determination of the retroactivity date for a personal care allowance and independent living allowance. NoteworthyDecSummary.asp?lan=E&dec_decid=74900 Fri, 6 Jan 2017 00:00:00 EST Decision No. 2632 15 Consideration of Board policy and recent scientific studies in determining entitlement for esophageal cancer. NoteworthyDecSummary.asp?lan=E&dec_decid=71604 Fri, 30 Dec 2016 00:00:00 EST Decision No. 3080 16 Consideration of the Employment Standards Act in determining whether the worker suffered a wage loss on a statutory holiday. NoteworthyDecSummary.asp?lan=E&dec_decid=75203 Wed, 28 Dec 2016 00:00:00 EST Decision No. 1241 16 Consideration of the jurisdiction of the Tribunal on a right to sue application. NoteworthyDecSummary.asp?lan=E&dec_decid=73196 Tue, 20 Dec 2016 00:00:00 EST Decision No. 2455 16 Determination of the earnings basis of a dependent contractor. NoteworthyDecSummary.asp?lan=E&dec_decid=74524 Mon, 19 Dec 2016 00:00:00 EST Decision No. 3126 16 Whether offset of LOE benefits by the amount of CPP disability benefits was allowed after 72 months in the circumstances of a significant deterioration of the worker's condition. NoteworthyDecSummary.asp?lan=E&dec_decid=75252 Fri, 16 Dec 2016 00:00:00 EST Decision No. 2313 15 Use of Bradford Hill criteria in determining entitlement for occupational disease. NoteworthyDecSummary.asp?lan=E&dec_decid=75418 Thu, 15 Dec 2016 00:00:00 EST Decision No. 2884 16 Determination of the employer of a worker, when one employer hires out the services of the worker to another employer. NoteworthyDecSummary.asp?lan=E&dec_decid=74993 Tue, 13 Dec 2016 00:00:00 EST Decision No. 1970 16 I Standing of an insurer in a right to sue application when the insurer may not have an obligation to pay statutory accident benefits. NoteworthyDecSummary.asp?lan=E&dec_decid=74001 Wed, 7 Dec 2016 00:00:00 EST Decision No. 2713 16 Absent parties on a right to sue application. NoteworthyDecSummary.asp?lan=E&dec_decid=74809 Tue, 6 Dec 2016 00:00:00 EST Decision No. 2783 16 Recalculation of long-term earnings basis. NoteworthyDecSummary.asp?lan=E&dec_decid=74888 Wed, 30 Nov 2016 00:00:00 EST Decision No. 1002 16 Whether to dismiss an appeal as an abuse of process. NoteworthyDecSummary.asp?lan=E&dec_decid=72937 Mon, 28 Nov 2016 00:00:00 EST Decision No. 1554 16 Classification of employer that subcontracts parts of an operation. NoteworthyDecSummary.asp?lan=E&dec_decid=73546 Fri, 25 Nov 2016 00:00:00 EST Decision No. 2285 15 Whether a third party claim by a defendant lessor against the employer of the injured plaintiff worker was barred by the WSIA. NoteworthyDecSummary.asp?lan=E&dec_decid=73290 Tue, 22 Nov 2016 00:00:00 EST Decision No. 576 16 Consideration of dependency benefits for non-resident dependents under provisions of the Act dating back to 1960. NoteworthyDecSummary.asp?lan=E&dec_decid=72463 Mon, 21 Nov 2016 00:00:00 EST Decision No. 2806 16 Entitlement under provisions of Board policy regarding gastro-intestinal cancer. NoteworthyDecSummary.asp?lan=E&dec_decid=74912 Tue, 15 Nov 2016 00:00:00 EST Decision No. 2707 16 Consideration of entitlement to a pension reassessment in the case of degenerative changes. NoteworthyDecSummary.asp?lan=E&dec_decid=74802 Tue, 8 Nov 2016 00:00:00 EST Decision No. 2799 16 Consideration of entitlement to a pension reassessment in a case where entitlement was originally granted for aggravation of a pre-existing degenerative condition. NoteworthyDecSummary.asp?lan=E&dec_decid=74905 Tue, 8 Nov 2016 00:00:00 EST Decision No. 2810 16 Consideration of payment for expenses related to death of a worker in a compensable accident. NoteworthyDecSummary.asp?lan=E&dec_decid=74916 Mon, 7 Nov 2016 00:00:00 EST Decision No. 2781 16 Consideration of entitlement to a pension reassessment in the case of degenerative changes. NoteworthyDecSummary.asp?lan=E&dec_decid=74886 Thu, 3 Nov 2016 00:00:00 EST Decision No. 2666 16 Consideration of amendments to the WSIA and provisions of Board policy regarding firefighters sustaining heart injury. NoteworthyDecSummary.asp?lan=E&dec_decid=74757 Wed, 26 Oct 2016 00:00:00 EST Decision No. 2532 16 Determination of the areas of NEL rating entitlement that should be reduced due to a pre-existing impairment. NoteworthyDecSummary.asp?lan=E&dec_decid=74606 Mon, 17 Oct 2016 00:00:00 EST Decision No. 1933 16 Consideration of entitlement to an additional work transition plan. NoteworthyDecSummary.asp?lan=E&dec_decid=73962 Thu, 13 Oct 2016 00:00:00 EST Decision No. 119 16 I2 Whether a worker, who did not have entitlement for traumatic mental stress under the WSIA, would have had entitlement under the pre-1997 Act. NoteworthyDecSummary.asp?lan=E&dec_decid=74696 Thu, 13 Oct 2016 00:00:00 EST Decision No. 913 05 Consideration of evidence of a cluster in determining entitlement for cancer. NoteworthyDecSummary.asp?lan=E&dec_decid=74219 Wed, 5 Oct 2016 00:00:00 EST Decision No. 1809 16 Determination of the long-terms earnings basis for a recently-hired worker in permanent employment. NoteworthyDecSummary.asp?lan=E&dec_decid=73820 Mon, 3 Oct 2016 00:00:00 EST Decision No. 2343 16 Calculation of escalation of the earnings basis for pension and temporary benefits over an extensive period of time. NoteworthyDecSummary.asp?lan=E&dec_decid=74405 Mon, 26 Sep 2016 00:00:00 EST Decision No. 1447 14 R Consideration of the role of the Tribunal in considering joint submissions of the parties for resolution of the issues on appeal. NoteworthyDecSummary.asp?lan=E&dec_decid=73379 Wed, 21 Sep 2016 00:00:00 EST Decision No. 1876 16 Consideration of the requirements of a labour market re-entry plan. NoteworthyDecSummary.asp?lan=E&dec_decid=73897 Fri, 16 Sep 2016 00:00:00 EST Decision No. 2249 16 Whether modified work offered by the employer was suitable and available. NoteworthyDecSummary.asp?lan=E&dec_decid=74305 Mon, 12 Sep 2016 00:00:00 EST Decision No. 2125 16 Offset of LOE benefits by percentage of CPP disability benefits for a worker with chronic pain disability. NoteworthyDecSummary.asp?lan=E&dec_decid=74164 Fri, 9 Sep 2016 00:00:00 EST Decision No. 2063 16 Whether a worker was entitled to LOE benefits during paternity leave. NoteworthyDecSummary.asp?lan=E&dec_decid=74098 Wed, 7 Sep 2016 00:00:00 EST Decision No. 771 16 I Jurisdiction to consider s. 12 of the federal Government Employees Compensation Act in an application regarding the right to sue under s. 31 of the WSIA. NoteworthyDecSummary.asp?lan=E&dec_decid=72677 Tue, 6 Sep 2016 00:00:00 EST Decision No. 1362 10 Determination of the earnings basis of a recently-hired dependent contractor. NoteworthyDecSummary.asp?lan=E&dec_decid=66895 Tue, 30 Aug 2016 00:00:00 EST Decision No. 1749 16 Whether a worker was participating in ESRTW, so as to allow consideration of benefit entitlement after the final LOE review. NoteworthyDecSummary.asp?lan=E&dec_decid=73758 Mon, 22 Aug 2016 00:00:00 EST Decision No. 712 16 Consideration of Board policy regarding timing of a work transition assessment. NoteworthyDecSummary.asp?lan=E&dec_decid=72615 Thu, 18 Aug 2016 00:00:00 EST Decision No. 1525 16 Determination of the best fit for the classification of an employer. NoteworthyDecSummary.asp?lan=E&dec_decid=73512 Mon, 15 Aug 2016 00:00:00 EST Decision No. 657 15 Consideration of a transfer of costs from the employer for an accident occurring out of Ontario. NoteworthyDecSummary.asp?lan=E&dec_decid=73027 Wed, 10 Aug 2016 00:00:00 EST Decision No. 1691 16 Whether a worker was in the course of employment when injured in the parking lot of the plaza in which the employer was located. NoteworthyDecSummary.asp?lan=E&dec_decid=73697 Mon, 8 Aug 2016 00:00:00 EST Decision No. 1636 16 Consideration of entitlement to LOE benefits after an intervening event during an LMR program. NoteworthyDecSummary.asp?lan=E&dec_decid=73638 Fri, 29 Jul 2016 00:00:00 EST Decision No. 786 16 Entitlement to LOE benefits and for worker's self-directed LMR activity prior to granting of initial entitlement by the Board. NoteworthyDecSummary.asp?lan=E&dec_decid=72692 Thu, 28 Jul 2016 00:00:00 EST Decision No. 974 16 Whether the worker was in an LMR plan when the 72-month LOE review period expired. NoteworthyDecSummary.asp?lan=E&dec_decid=72909 Tue, 19 Jul 2016 00:00:00 EST Decision No. 1064 12 Referral of a claim back to the Board pursuant to new amendments to the WSIA regarding first responders with post-traumatic stress disability. NoteworthyDecSummary.asp?lan=E&dec_decid=61345 Mon, 18 Jul 2016 00:00:00 EST Decision No. 1551 16 Whether a worker had a permanent psychotraumatic disability. NoteworthyDecSummary.asp?lan=E&dec_decid=73542 Thu, 14 Jul 2016 00:00:00 EST Decision No. 1724 16 Consideration of entitlement to survivor benefits based on the worker having 100% pension benefits resulting from more than one accident. NoteworthyDecSummary.asp?lan=E&dec_decid=73732 Thu, 14 Jul 2016 00:00:00 EST Decision No. 1631 16 Whether the worker was provided with an LMR plan when the 72-month LOE review period expired, so as to allow review of LOE benefits and offset of those benefits by the amount of CPP disability benefits. NoteworthyDecSummary.asp?lan=E&dec_decid=73633 Fri, 8 Jul 2016 00:00:00 EST Decision No. 250 16 Determination of the appropriate wages on which to base LOE benefits for a worker who selected the older worker option. NoteworthyDecSummary.asp?lan=E&dec_decid=72115 Thu, 7 Jul 2016 00:00:00 EST Decision No. 1638 16 Whether a worker was unable to work so that the re-employment provisions of the WSIA were applicable. NoteworthyDecSummary.asp?lan=E&dec_decid=73641 Thu, 7 Jul 2016 00:00:00 EST Decision No. 1173 16 Consideration of the standard of proof for causation in an occupational disease claim. NoteworthyDecSummary.asp?lan=E&dec_decid=73117 Tue, 5 Jul 2016 00:00:00 EST Decision No. 1177 16 Whether the Tribunal was bound by findings in a prior decision covering a different time period. NoteworthyDecSummary.asp?lan=E&dec_decid=73121 Mon, 4 Jul 2016 00:00:00 EST Decision No. 1568 16 Consideration of prospective entitlement for health care maintenance treatment and related LOE benefits. NoteworthyDecSummary.asp?lan=E&dec_decid=73560 Thu, 30 Jun 2016 00:00:00 EST Decision No. 1494 16 Determination of NEL rating for asymmetrical hearing loss. NoteworthyDecSummary.asp?lan=E&dec_decid=73478 Wed, 29 Jun 2016 00:00:00 EST Decision No. 119 16 I Whether a worker claiming entitlement for traumatic mental stress experienced a sudden and unexpected traumatic event. NoteworthyDecSummary.asp?lan=E&dec_decid=71974 Thu, 23 Jun 2016 00:00:00 EST Decision No. 996 16 I Consideration of procedural issue regarding the time to provide notice of a constitutional question. NoteworthyDecSummary.asp?lan=E&dec_decid=72931 Fri, 17 Jun 2016 00:00:00 EST Decision No. 427 14 R Importance of the identification of the issues in an appeal. NoteworthyDecSummary.asp?lan=E&dec_decid=73502 Fri, 17 Jun 2016 00:00:00 EST Decision No. 1015 16 Whether a worker was a student within the definition in the WSIA and whether the worker should be reimbursed for a self-directed work transition plan. NoteworthyDecSummary.asp?lan=E&dec_decid=72952 Wed, 15 Jun 2016 00:00:00 EST Decision No. 2369 14 Determination of the insurable earnings of subcontractors. NoteworthyDecSummary.asp?lan=E&dec_decid=73334 Wed, 15 Jun 2016 00:00:00 EST Decision No. 359 14 Whether to transfer the costs of a claim from the accident employer to another employer. NoteworthyDecSummary.asp?lan=E&dec_decid=66291 Fri, 10 Jun 2016 00:00:00 EST Decision No. 129 16 Whether the worker was an apprentice within the definition in the WSIA. NoteworthyDecSummary.asp?lan=E&dec_decid=71984 Wed, 8 Jun 2016 00:00:00 EST Decision No. 2346 12 I4 Referral to the Board for review of its Fatal Claim Premium Adjustment Policy. NoteworthyDecSummary.asp?lan=E&dec_decid=68644 Wed, 1 Jun 2016 00:00:00 EST Decision No. 224 16 Payment of a NEL award as a lump sum under the pre-1997 Act. NoteworthyDecSummary.asp?lan=E&dec_decid=72089 Tue, 31 May 2016 00:00:00 EST Decision No. 2276 14 Whether to include voluntary overtime in the earnings basis for short-term and long-term benefits. NoteworthyDecSummary.asp?lan=E&dec_decid=72121 Thu, 26 May 2016 00:00:00 EST Decision No. 1283 16 Obligation of employer to report an alleged workplace accident. NoteworthyDecSummary.asp?lan=E&dec_decid=73241 Thu, 26 May 2016 00:00:00 EST Decision No. 2426 15 Consideration of link between carpal tunnel syndrome and repetitive keyboarding and mouse usage. NoteworthyDecSummary.asp?lan=E&dec_decid=71380 Mon, 9 May 2016 00:00:00 EST Decision No. 1059 16 Consideration of entitlement for fibromyalgia. NoteworthyDecSummary.asp?lan=E&dec_decid=73000 Thu, 5 May 2016 00:00:00 EST Decision No. 1094 16 Commencement and review dates for a retroactive pension supplement. NoteworthyDecSummary.asp?lan=E&dec_decid=73037 Wed, 4 May 2016 00:00:00 EST Decision No. 967 16 Consideration of entitlement for a self-directed work transition plan. NoteworthyDecSummary.asp?lan=E&dec_decid=72901 Tue, 3 May 2016 00:00:00 EST Decision No. 70 16 Review of benefits after final review based on significant deterioration that results in a determination of permanent impairment under s. 44(2.1)(d) of the WSIA, and that is likely to result in a redetermination of the degree of permanent impairment under s. 44(2.1)(e). NoteworthyDecSummary.asp?lan=E&dec_decid=71918 Wed, 27 Apr 2016 00:00:00 EST Decision No. 763 16 Consideration of entitlement for maintenance chiropractic treatment after retirement. NoteworthyDecSummary.asp?lan=E&dec_decid=72668 Tue, 19 Apr 2016 00:00:00 EST Decision No. 901 16 Whether a worker's benefits at the final LOE review should be based on earnings of an experienced worker. NoteworthyDecSummary.asp?lan=E&dec_decid=72821 Mon, 18 Apr 2016 00:00:00 EST Decision No. 859 16 Rating of permanent impairment for hepatitis C. NoteworthyDecSummary.asp?lan=E&dec_decid=72777 Tue, 12 Apr 2016 00:00:00 EST Decision No. 919 05 Referral of a claim back to the Board pursuant to s. 15.2(5) of the WSIA. NoteworthyDecSummary.asp?lan=E&dec_decid=72747 Tue, 5 Apr 2016 00:00:00 EST Decision No. 724 16 Retroactivity of an employer reclassification. NoteworthyDecSummary.asp?lan=E&dec_decid=72627 Thu, 31 Mar 2016 00:00:00 EST Decision No. 2786 15 Whether an exception applied to allow review of a worker's LOE benefits after the final 72-month review. NoteworthyDecSummary.asp?lan=E&dec_decid=71777 Wed, 30 Mar 2016 00:00:00 EST Decision No. 624 16 Consideration of entitlement in a case of serious and wilful misconduct. NoteworthyDecSummary.asp?lan=E&dec_decid=72513 Wed, 30 Mar 2016 00:00:00 EST Decision No. 588 16 Whether a worker was entitled to a NEL assessment for a physical loss. NoteworthyDecSummary.asp?lan=E&dec_decid=72476 Thu, 24 Mar 2016 00:00:00 EST Decision No. 194 16 Whether a plaintiff's right of action against the employer was taken away regarding claims related to matters other than the workplace accident. NoteworthyDecSummary.asp?lan=E&dec_decid=72055 Wed, 23 Mar 2016 00:00:00 EST Decision No. 207 16 Determination of the earnings basis of a dependent contractor. NoteworthyDecSummary.asp?lan=E&dec_decid=72071 Fri, 18 Mar 2016 00:00:00 EST Decision No. 54 14 Acceptance of a settlement in a case concerning a construction employer's re-employment obligations, and determination of the penalty. NoteworthyDecSummary.asp?lan=E&dec_decid=72079 Mon, 14 Mar 2016 00:00:00 EST Decision No. 552 16 Distinction between warehousing and brokering, for employer classification purposes. NoteworthyDecSummary.asp?lan=E&dec_decid=72439 Fri, 11 Mar 2016 00:00:00 EST Decision No. 923 15 Whether a worker may maintain a civil action against an employer regarding post-accident conduct of the employer. NoteworthyDecSummary.asp?lan=E&dec_decid=69703 Thu, 10 Mar 2016 00:00:00 EST Decision No. 292 16 LOE review more than 72 months after an accident due to significant temporary deterioration of the worker's condition. NoteworthyDecSummary.asp?lan=E&dec_decid=72159 Thu, 3 Mar 2016 00:00:00 EST Decision No. 430 16 Whether a worker should have entitlement for non-organic impairment on the basis of psychotraumatic disability or chronic pain disability. NoteworthyDecSummary.asp?lan=E&dec_decid=72310 Mon, 29 Feb 2016 00:00:00 EST Decision No. 447 16 Whether a worker was entitled to payment for a family member to be his attendant. NoteworthyDecSummary.asp?lan=E&dec_decid=72328 Mon, 29 Feb 2016 00:00:00 EST Decision No. 1034 15 Determination of worker or independent operator status of person who had incorporated and determination of whether certain family members were dependants. NoteworthyDecSummary.asp?lan=E&dec_decid=69839 Wed, 17 Feb 2016 00:00:00 EST Decision No. 707 15 Consideration of whether the worker's final LOE review date should have been extended. NoteworthyDecSummary.asp?lan=E&dec_decid=69471 Wed, 10 Feb 2016 00:00:00 EST Decision No. 886 15 Determination of marked life disruption for chronic pain disability entitlement. NoteworthyDecSummary.asp?lan=E&dec_decid=69662 Tue, 9 Feb 2016 00:00:00 EST Decision No. 2722 15 Determination of a NEL rating for low back impairment under the AMA Guides, and apportionment of that rating due to a pre-existing, non-compensable, measurable impairment. NoteworthyDecSummary.asp?lan=E&dec_decid=72164 Wed, 3 Feb 2016 00:00:00 EST Decision No. 177 16 Whether a worker claiming entitlement for traumatic mental stress experienced a sudden and unexpected traumatic event. NoteworthyDecSummary.asp?lan=E&dec_decid=72038 Fri, 29 Jan 2016 00:00:00 EST Decision No. 130 16 Consideration of the substance of the relationship in determining whether the plaintiff, who had incorporated, should be considered a worker of another company. NoteworthyDecSummary.asp?lan=E&dec_decid=71985 Tue, 26 Jan 2016 00:00:00 EST Decision No. 2009 15 Whether a worker had entitlement for an accident while travelling to treatment for a compensable injury. NoteworthyDecSummary.asp?lan=E&dec_decid=70938 Tue, 19 Jan 2016 00:00:00 EST Decision No. 26 16 Determination of the earnings basis of a volunteer emergency worker with concurrent employment. NoteworthyDecSummary.asp?lan=E&dec_decid=71862 Mon, 18 Jan 2016 00:00:00 EST Decision No. 375 14 Consideration of an appropriate SEB for a worker, including cost-effectiveness of the plan. NoteworthyDecSummary.asp?lan=E&dec_decid=70825 Mon, 11 Jan 2016 00:00:00 EST Decision No. 1896 15 Whether the right of action of an undocumented worker against his employer for a work-related injury was taken away. NoteworthyDecSummary.asp?lan=E&dec_decid=70798 Fri, 8 Jan 2016 00:00:00 EST Decision No. 2730 15 Determination of who is the accident employer in a disablement case. NoteworthyDecSummary.asp?lan=E&dec_decid=71717 Tue, 5 Jan 2016 00:00:00 EST Decision No. 2692 15 Factors to consider in determining whether to obtain an opinion from a Tribunal medical assessor. NoteworthyDecSummary.asp?lan=E&dec_decid=71675 Wed, 30 Dec 2015 00:00:00 EST Decision No. 2562 15 Determination of LOE benefits of a worker who selected the older worker option in s. 44(3) of the WSIA. NoteworthyDecSummary.asp?lan=E&dec_decid=71529 Mon, 21 Dec 2015 00:00:00 EST Decision No. 2510 15 Consideration of reasonable commute for suitable modified work. NoteworthyDecSummary.asp?lan=E&dec_decid=71475 Fri, 18 Dec 2015 00:00:00 EST Decision No. 1649 15 Review of LOE benefits after 72 months, based on amendments to the WSIA in 2002 and 2007. NoteworthyDecSummary.asp?lan=E&dec_decid=70519 Wed, 16 Dec 2015 00:00:00 EST Decision No. 2230 15 Whether a spouse, who was separated from her husband at the time of his death from a workplace injury, was entitled to survivor benefits. NoteworthyDecSummary.asp?lan=E&dec_decid=71175 Mon, 14 Dec 2015 00:00:00 EST Decision No. 2653 15 Calculation of average earnings for a worker who was injured shortly after starting work. NoteworthyDecSummary.asp?lan=E&dec_decid=71631 Wed, 9 Dec 2015 00:00:00 EST Decision No. 2585 15 Determination of the earnings basis of an apprentice. NoteworthyDecSummary.asp?lan=E&dec_decid=71554 Tue, 8 Dec 2015 00:00:00 EST Decision No. 2610 15 Whether a worker was entitled to interest on payment of pension arrears for injury suffered in a pre-1990 accident. NoteworthyDecSummary.asp?lan=E&dec_decid=71581 Fri, 4 Dec 2015 00:00:00 EST Decision No. 2509 15 Determination of the earnings basis of a dependent contractor. NoteworthyDecSummary.asp?lan=E&dec_decid=71474 Thu, 3 Dec 2015 00:00:00 EST Decision No. 2334 15 Whether a child protection worker experienced a traumatic and unexpected event for traumatic mental stress entitlement. NoteworthyDecSummary.asp?lan=E&dec_decid=71286 Tue, 1 Dec 2015 00:00:00 EST Decision No. 2425 15 Consideration of extent of entitlement and reduction of a NEL award due to a pre-existing condition. NoteworthyDecSummary.asp?lan=E&dec_decid=71379 Tue, 1 Dec 2015 00:00:00 EST Decision No. 1542 15 Determination of whether there is a recurrence or a new accident. NoteworthyDecSummary.asp?lan=E&dec_decid=70402 Mon, 23 Nov 2015 00:00:00 EST Decision No. 579 15 Whether a bus driver had entitlement for bladder cancer as a result of exposure to diesel exhaust. NoteworthyDecSummary.asp?lan=E&dec_decid=71466 Fri, 20 Nov 2015 00:00:00 EST Decision No. 1639 15 The doctrine of promissory estoppel does not give the Tribunal jurisdiction to grant a remedy that is not permitted by the statute. NoteworthyDecSummary.asp?lan=E&dec_decid=70506 Wed, 18 Nov 2015 00:00:00 EST Decision No. 1691 15 Consideration of the requirements of Board policy for entitlement to a personal care allowance and the start date for the allowance. NoteworthyDecSummary.asp?lan=E&dec_decid=70566 Mon, 16 Nov 2015 00:00:00 EST Decision No. 1992 15 Whether there was an element of double compensation in NEL ratings for organic and psychotraumatic disability. NoteworthyDecSummary.asp?lan=E&dec_decid=70903 Tue, 3 Nov 2015 00:00:00 EST Decision No. 2285 15 I Jurisdiction to consider a right to sue application regarding an action based in contract. NoteworthyDecSummary.asp?lan=E&dec_decid=71233 Fri, 30 Oct 2015 00:00:00 EST Decision No. 2566 11 Consideration of the relationship between a workplace insurance claim and proceedings under the Ontario Human Rights Code. NoteworthyDecSummary.asp?lan=E&dec_decid=71105 Thu, 29 Oct 2015 00:00:00 EST Decision No. 2256 15 Whether a travelling worker was in the course of employment when driving to a restaurant for a meal. NoteworthyDecSummary.asp?lan=E&dec_decid=71203 Tue, 27 Oct 2015 00:00:00 EST Decision No. 511 14 Consideration of a worker's actual ability to perform the modified work in determination of whether work was suitable. NoteworthyDecSummary.asp?lan=E&dec_decid=66465 Thu, 22 Oct 2015 00:00:00 EST Decision No. 2080 15 Significance of determining an appropriate start date for retroactive FEL benefits. NoteworthyDecSummary.asp?lan=E&dec_decid=71012 Tue, 20 Oct 2015 00:00:00 EST Decision No. 2148 15 Whether the plaintiff in a civil action was a learner within the definition of a worker in the WSIA at the time of an accident. NoteworthyDecSummary.asp?lan=E&dec_decid=71085 Tue, 20 Oct 2015 00:00:00 EST Decision No. 1926 15 Determination of the retroactivity of an independent living allowance. NoteworthyDecSummary.asp?lan=E&dec_decid=70833 Fri, 25 Sep 2015 00:00:00 EST Decision No. 95 09 I Determination of a leading case strategy to deal with appeals relating to claims for cancer and respiratory conditions resulting from exposure at the same plant. NoteworthyDecSummary.asp?lan=E&dec_decid=51040 Tue, 22 Sep 2015 00:00:00 EST Decision No. 1086 15 Consideration of a plaintiff's right to maintain an action against the lessor of a vehicle that did not supply an operator for the vehicle. NoteworthyDecSummary.asp?lan=E&dec_decid=70902 Tue, 22 Sep 2015 00:00:00 EST Decision No. 1959 15 Whether a worker was in the course of employment while attending a union convention. NoteworthyDecSummary.asp?lan=E&dec_decid=70868 Mon, 5 Oct 2015 00:00:00 EST Decision No. 1740 13 Whether laryngeal cancer was a significant contributing factor to the worker's subsequent stroke and aspiration pneumonia. NoteworthyDecSummary.asp?lan=E&dec_decid=71040 Mon, 5 Oct 2015 00:00:00 EST Decision No. 1336 15 Whether LOE benefits of a worker who has found employment in the identified SO should be based on pre-injury or actual post-injury hours. NoteworthyDecSummary.asp?lan=E&dec_decid=70178 Fri, 18 Sep 2015 00:00:00 EST Decision No. 1623 15 Consideration of the worker's request that the Tribunal obtain further medical evidence. NoteworthyDecSummary.asp?lan=E&dec_decid=70490 Fri, 11 Sep 2015 00:00:00 EST Decision No. 1761 15 Whether the worker's death resulted from an injury so as to entitle an estate to survivor benefits, when a drug for a non-compensable condition, paid for by the Board, contributed to the worker's death. NoteworthyDecSummary.asp?lan=E&dec_decid=70644 Thu, 3 Sep 2015 00:00:00 EST Decision No. 1845 08 R Whether to reconsider a decision when the request to reconsider was received many years after release of the decision. NoteworthyDecSummary.asp?lan=E&dec_decid=70640 Mon, 31 Aug 2015 00:00:00 EST Decision No. 1036 15 Review of procedural requirements for completion of the Tribunal's Notice of Appeal. NoteworthyDecSummary.asp?lan=E&dec_decid=69841 Tue, 25 Aug 2015 00:00:00 EST Decision No. 1156 15 Determination of a NEL rating for asbestosis under the AMA Guides. NoteworthyDecSummary.asp?lan=E&dec_decid=69973 Mon, 24 Aug 2015 00:00:00 EST Decision No. 1214 15 Consideration of entitlement to a NEL award for psychotraumatic disability. NoteworthyDecSummary.asp?lan=E&dec_decid=70036 Mon, 24 Aug 2015 00:00:00 EST Decision No. 1449 15 Consideration of entitlement to LOE benefits after voluntary resignation from employment for personal reasons. NoteworthyDecSummary.asp?lan=E&dec_decid=70302 Fri, 21 Aug 2015 00:00:00 EST Decision No. 962 15 Consideration of Board policy to determine whether the two-year retroactivity period applied to payment of credit interest to an employer. NoteworthyDecSummary.asp?lan=E&dec_decid=69750 Fri, 14 Aug 2015 00:00:00 EST Decision No. 657 15 I Whether a worker had the right to participate in an employer's appeal regarding transfer of costs. NoteworthyDecSummary.asp?lan=E&dec_decid=69409 Thu, 13 Aug 2015 00:00:00 EST Decision No. 1269 15 Consideration of the effect on LOE benefits of a worker's move from an urban location to a rural setting. NoteworthyDecSummary.asp?lan=E&dec_decid=70100 Tue, 11 Aug 2015 00:00:00 EST Decision No. 576 15 Consideration of Board policy to determine whether the two-year retroactivity period applied to payment of credit interest to an employer. NoteworthyDecSummary.asp?lan=E&dec_decid=69318 Wed, 29 Jul 2015 00:00:00 EST Decision No. 336 14 Consideration of entitlement for brain cancer, when duration of employment was less than the policy requirement for application of the presumption. NoteworthyDecSummary.asp?lan=E&dec_decid=70413 Wed, 29 Jul 2015 00:00:00 EST Decision No. 2346 12 I3 Consideration of application for intervenor status. NoteworthyDecSummary.asp?lan=E&dec_decid=70400 Tue, 28 Jul 2015 00:00:00 EST Decision No. 1027 15 Whether a non-compensable accident was an intervening event warranting cessation of benefits. NoteworthyDecSummary.asp?lan=E&dec_decid=69830 Tue, 21 Jul 2015 00:00:00 EST Decision No. 255 15 Failure to co-operate with LMR based on a pattern of incidents, which individually would not have resulted in a finding of non-co-operation. NoteworthyDecSummary.asp?lan=E&dec_decid=68965 Mon, 20 Jul 2015 00:00:00 EST Decision No. 1067 15 Determination of long-term earnings basis for a worker who was receiving social assistance benefits. NoteworthyDecSummary.asp?lan=E&dec_decid=69875 Mon, 13 Jul 2015 00:00:00 EST Decision No. 1387 15 Consideration of circumstances in which a worker, who did not meet Board policy requirements, might be entitled to a personal care allowance or an independent living allowance. NoteworthyDecSummary.asp?lan=E&dec_decid=70236 Mon, 13 Jul 2015 00:00:00 EST Decision No. 731 15 Whether LOE benefits of a worker with high pre-accident earnings that exceeded the statutory maximum should be offset by CPP disability benefits. NoteworthyDecSummary.asp?lan=E&dec_decid=69498 Tue, 7 Jul 2015 00:00:00 EST Decision No. 1146 15 Consideration of the exception for small employers in determining the appropriate classification for an employer with more than one business activity. NoteworthyDecSummary.asp?lan=E&dec_decid=69963 Tue, 7 Jul 2015 00:00:00 EST Decision No. 704 15 Whether a worker was participating in ESRTW at the time of the final LOE review, so as to allow consideration of LOE benefit entitlement after the final review. NoteworthyDecSummary.asp?lan=E&dec_decid=69466 Mon, 6 Jul 2015 00:00:00 EST Decision No. 608 15 Whether a worker took himself out of employment by engaging in horseplay. NoteworthyDecSummary.asp?lan=E&dec_decid=69351 Thu, 2 Jul 2015 00:00:00 EST Decision No. 1102 11 Whether earnings from concurrent employment should be included in the calculation of the worker's short-term and long-term average earnings. NoteworthyDecSummary.asp?lan=E&dec_decid=69266 Tue, 30 Jun 2015 00:00:00 EST Decision No. 893 11 Whether a worker, who had previously been denied benefits for an accident, was exempt from provision in s. 28 of the WSIA taking away the right of action. NoteworthyDecSummary.asp?lan=E&dec_decid=69311 Wed, 24 Jun 2015 00:00:00 EST Decision No. 412 15 Whether performance of modified work allowed consideration of LOE benefit entitlement after final LOE review. NoteworthyDecSummary.asp?lan=E&dec_decid=69136 Tue, 16 Jun 2015 00:00:00 EST Decision No. 857 15 Determination of the long-term earnings basis of a worker who came within the definition of a student in the WSIA. NoteworthyDecSummary.asp?lan=E&dec_decid=69632 Thu, 11 Jun 2015 00:00:00 EST Decision No. 198 15 Determination of worker or independent operator status, with weight given to provisions of collective agreement. NoteworthyDecSummary.asp?lan=E&dec_decid=68905 Wed, 10 Jun 2015 00:00:00 EST Decision No. 1059 15 Consideration of air conduction and bone conduction measurements for sensorineural hearing loss. NoteworthyDecSummary.asp?lan=E&dec_decid=69867 Wed, 3 Jun 2015 00:00:00 EST Decision No. 459 15 Whether there can be different MMR dates for various components of a compensable condition. NoteworthyDecSummary.asp?lan=E&dec_decid=69192 Fri, 29 May 2015 00:00:00 EST Decision No. 698 14 Whether an emergency responder, in this case a 911 operator, had entitlement for traumatic mental stress. NoteworthyDecSummary.asp?lan=E&dec_decid=66680 Wed, 27 May 2015 00:00:00 EST Decision No. 2071 12 Consideration of the substantial connection to Ontario of a defendant employer and its worker. NoteworthyDecSummary.asp?lan=E&dec_decid=62578 Fri, 22 May 2015 00:00:00 EST Decision No. 340 15 Whether a worker who earlier refused suitable modified work, was entitled to LOE benefits after closure of the employer's plant. NoteworthyDecSummary.asp?lan=E&dec_decid=69059 Wed, 20 May 2015 00:00:00 EST Decision No. 476 15 Review of LOE benefits after 72 months based on an inadequate and, accordingly, essentially incomplete earlier LMR program. NoteworthyDecSummary.asp?lan=E&dec_decid=69210 Wed, 20 May 2015 00:00:00 EST Decision No. 650 15 Whether a worker, who accepted a part-time job because he was unable to find a full-time job, was under-employed for purposes of determining LOE benefits. NoteworthyDecSummary.asp?lan=E&dec_decid=69401 Tue, 19 May 2015 00:00:00 EST Decision No. 867 15 Consideration of Board policy on NEL redeterminations requiring a worker to provide initial medical evidence in support of deterioration of the worker's condition. NoteworthyDecSummary.asp?lan=E&dec_decid=69643 Mon, 11 May 2015 00:00:00 EST Decision No. 2351 14 Whether a firefighter had entitlement for a heart attack. NoteworthyDecSummary.asp?lan=E&dec_decid=68608 Mon, 4 May 2015 00:00:00 EST Decision No. 749 15 Whether the worker's LOE benefits should be reduced or suspended for non-co-operation with LMR. NoteworthyDecSummary.asp?lan=E&dec_decid=69517 Mon, 27 Apr 2015 00:00:00 EST Decision No. 745 15 Determination of whether a pre-existing impairment was measurable and whether a NEL award should be reduced due to a pre-existing impairment. NoteworthyDecSummary.asp?lan=E&dec_decid=69512 Wed, 22 Apr 2015 00:00:00 EST Decision No. 1268 12 Determination of primary site of firefighter's metastatic cancer. NoteworthyDecSummary.asp?lan=E&dec_decid=69513 Fri, 17 Apr 2015 00:00:00 EST Decision No. 229 15 Determination of NEL ratings for psychotraumatic disability and neurological impairment. NoteworthyDecSummary.asp?lan=E&dec_decid=68938 Thu, 16 Apr 2015 00:00:00 EST Decision No. 371 15 Whether, in the circumstances, it was reasonable for a worker to rely on his family doctor's advice to stay off work. NoteworthyDecSummary.asp?lan=E&dec_decid=69093 Fri, 20 Mar 2015 00:00:00 EST Decision No. 225 15 Extension of the final LOE review based on participation in an ongoing LMR plan. Consideration of availability of work in the identified suitable occupation. NoteworthyDecSummary.asp?lan=E&dec_decid=68933 Tue, 17 Mar 2015 00:00:00 EST Decision No. 414 15 Consideration of the date for determination of the rate of interest on retroactive benefit payments. NoteworthyDecSummary.asp?lan=E&dec_decid=69138 Tue, 17 Mar 2015 00:00:00 EST Decision No. 533 15 Determination of a NEL award for loss of vision under the AMA Guides. NoteworthyDecSummary.asp?lan=E&dec_decid=69269 Mon, 13 Apr 2015 00:00:00 EST Decision No. 494 15 Whether it was appropriate for the Board to defer the worker's final LOE review. NoteworthyDecSummary.asp?lan=E&dec_decid=69228 Thu, 9 Apr 2015 00:00:00 EST Decision No. 1794 12 Consideration of the status of an executive officer of a corporation in the construction business. NoteworthyDecSummary.asp?lan=E&dec_decid=62239 Wed, 8 Apr 2015 00:00:00 EST Decision No. 454 15 Consideration of requirements for redetermination of a NEL award for non-organic impairment. NoteworthyDecSummary.asp?lan=E&dec_decid=69187 Fri, 27 Mar 2015 00:00:00 EST Decision No. 2346 12 I2 Consideration of the Board's Fatal Claim Premium Adjustment Policy. NoteworthyDecSummary.asp?lan=E&dec_decid=69310 Tue, 24 Mar 2015 00:00:00 EST Decision No. 645 11 R Whether an application for clarification of a Tribunal decision should be stayed pending a court proceeding. NoteworthyDecSummary.asp?lan=E&dec_decid=67485 Mon, 23 Mar 2015 00:00:00 EST Decision No. 188 15 Whether a worker was in the course of employment while proceeding home directly from the premises of a client. NoteworthyDecSummary.asp?lan=E&dec_decid=68893 Mon, 23 Mar 2015 00:00:00 EST Decision No. 375 15 Consideration of duration of payments under s. 43(13)(b) of the WSIA, after the employer's breach of its re-employment obligations, for a worker who later returned to work with another employer. NoteworthyDecSummary.asp?lan=E&dec_decid=69097 Thu, 12 Mar 2015 00:00:00 EST Decision No. 456 15 Consideration of quantum of LOE benefits for a worker who was unable to participate in a work reintegration program during a period of disability due to a non-compensable condition. NoteworthyDecSummary.asp?lan=E&dec_decid=69189 Thu, 12 Mar 2015 00:00:00 EST Decision No. 531 12 Whether there was an abuse of process such that the Tribunal should decline to exercise jurisdiction over an appeal. NoteworthyDecSummary.asp?lan=E&dec_decid=66524 Wed, 11 Mar 2015 00:00:00 EST Decision No. 434 15 Whether a worker met the Board's minimum requirement for a pension of a rating for a least 0.4%. NoteworthyDecSummary.asp?lan=E&dec_decid=69166 Tue, 10 Mar 2015 00:00:00 EST Decision No. 312 15 Whether an employer that breached its re-employment obligations was entitled to SIEF relief on payments equivalent to benefits that were made to the worker by the Board under s. 41(13)(b) of the WSIA. NoteworthyDecSummary.asp?lan=E&dec_decid=69031 Thu, 5 Mar 2015 00:00:00 EST Decision No. 893 11 I Whether the Tribunal was bound on a right to sue application by a prior decision of the Tribunal regarding benefits resulting from the accident. NoteworthyDecSummary.asp?lan=E&dec_decid=58063 Mon, 2 Mar 2015 00:00:00 EST Decision No. 255 12 Consideration of quantum of award for facial disfigurement for an injury that affected function, rather than appearance, of facial features. NoteworthyDecSummary.asp?lan=E&dec_decid=60390 Fri, 27 Feb 2015 00:00:00 EST Decision No. 191 15 Review of LOE benefits after the 72-month period, based on completion of a self-directed LMR program. NoteworthyDecSummary.asp?lan=E&dec_decid=68897 Tue, 24 Feb 2015 00:00:00 EST Decision No. 249 12 I2R Whether the Tribunal is required to consider other Board decisions referred to by an appellant. Consideration of what constitutes a request for a premium adjustment, for retroactivity purposes, within the meaning of Board policy. NoteworthyDecSummary.asp?lan=E&dec_decid=68445 Mon, 23 Feb 2015 00:00:00 EST Decision No. 2046 14 Consideration of provision in the Board's policy on work transition plans regarding the option for older workers. NoteworthyDecSummary.asp?lan=E&dec_decid=68272 Fri, 20 Feb 2015 00:00:00 EST Decision No. 284 15 Consideration of entitlement for reflex sympathetic dystrophy under the Board's chronic pain disability policy. NoteworthyDecSummary.asp?lan=E&dec_decid=68999 Thu, 19 Feb 2015 00:00:00 EST Decision No. 1771 14 Clarification of when the psychotraumatic disability policy is applicable and when the traumatic mental stress policy is applicable. NoteworthyDecSummary.asp?lan=E&dec_decid=67946 Thu, 5 Feb 2015 00:00:00 EST Decision No. 1999 13 R Whether existence of two contrary lines of cases was grounds for reconsideration of a decision. NoteworthyDecSummary.asp?lan=E&dec_decid=68329 Wed, 4 Feb 2015 00:00:00 EST Decision No. 158 15 Consideration of weight to be given to acquittal on charges under s. 149 of the WSIA. NoteworthyDecSummary.asp?lan=E&dec_decid=68856 Wed, 4 Feb 2015 00:00:00 EST Decision No. 148 15 Whether, in the circumstances of the case, the Tribunal should undertake post-hearing investigation to obtain clinical notes. NoteworthyDecSummary.asp?lan=E&dec_decid=68846 Fri, 30 Jan 2015 00:00:00 EST Decision No. 2293 14 Whether a volunteer firefighter had entitlement for colon cancer. NoteworthyDecSummary.asp?lan=E&dec_decid=68544 Thu, 29 Jan 2015 00:00:00 EST Decision No. 2135 14 Calculation of NEER factors in the case of a corporate employer with divisions which have their own accounts with the Board. NoteworthyDecSummary.asp?lan=E&dec_decid=68368 Wed, 28 Jan 2015 00:00:00 EST Decision No. 1945 10 Second Tribunal decision to consider whether traumatic mental stress provisions in s. 13(4) and (5) of the WSIA infringed the right to equality in s. 15(1) of the Charter of Rights. NoteworthyDecSummary.asp?lan=E&dec_decid=67550 Tue, 27 Jan 2015 00:00:00 EST Decision No. 1318 14 Consideration of entitlement for a heart attack on a disablement basis. NoteworthyDecSummary.asp?lan=E&dec_decid=67416 Fri, 23 Jan 2015 00:00:00 EST Decision No. 1571 14 Determination of the NEL rating for a permanent hip impairment. NoteworthyDecSummary.asp?lan=E&dec_decid=67705 Thu, 22 Jan 2015 00:00:00 EST Decision No. 2157 14 Whether the worker was entitled to payment for medication that was not listed in the Board's drug formulary. NoteworthyDecSummary.asp?lan=E&dec_decid=68392 Thu, 15 Jan 2015 00:00:00 EST Decision No. 2159 14 Whether the worker was entitled to payment for medication that was not listed in the Board's drug formulary. NoteworthyDecSummary.asp?lan=E&dec_decid=68394 Thu, 15 Jan 2015 00:00:00 EST Decision No. 2013 14 Whether a worker was entitled to reimbursement for the cost of a car for use in a Board identified SEB. NoteworthyDecSummary.asp?lan=E&dec_decid=68235 Mon, 12 Jan 2015 00:00:00 EST Decision No. 2089 14 Consideration of Board policy regarding enhanced work transition programs for young workers. NoteworthyDecSummary.asp?lan=E&dec_decid=68318 Mon, 5 Jan 2015 00:00:00 EST Decision No. 2076 14 Consideration of circumstances to review LOE benefits after 72 months to account for CPP disability benefits. NoteworthyDecSummary.asp?lan=E&dec_decid=68304 Tue, 30 Dec 2014 00:00:00 EST Decision No. 2322 14 Whether a worker, who had a compensable heart attack, had entitlement for a subsequent heart attack. NoteworthyDecSummary.asp?lan=E&dec_decid=68574 Mon, 22 Dec 2014 00:00:00 EST Decision No. 2140 14 Whether a worker was in the course of employment during an altercation with a co-worker. NoteworthyDecSummary.asp?lan=E&dec_decid=68373 Fri, 19 Dec 2014 00:00:00 EST Decision No. 2312 14 Whether work obtained by a worker could be considered to be work in a job identified as the suitable occupation for the worker. NoteworthyDecSummary.asp?lan=E&dec_decid=68564 Wed, 17 Dec 2014 00:00:00 EST Decision No. 2439 12 Whether a worker in the auto parts industry had entitlement for esophageal cancer as a result of exposure to metalworking fluids. NoteworthyDecSummary.asp?lan=E&dec_decid=63001 Fri, 12 Dec 2014 00:00:00 EST Decision No. 2143 14 Consideration of when it is appropriate to review benefits under s. 44 of the WSIA. NoteworthyDecSummary.asp?lan=E&dec_decid=68376 Fri, 12 Dec 2014 00:00:00 EST Decision No. 1557 14 Consideration of distinction between carcinoma and sarcoma, in determining relationship to occupational exposure. NoteworthyDecSummary.asp?lan=E&dec_decid=67691 Thu, 4 Dec 2014 00:00:00 EST Decision No. 1608 14 Whether meals provided to a restaurant worker should be included in the worker's earnings basis. NoteworthyDecSummary.asp?lan=E&dec_decid=67745 Tue, 2 Dec 2014 00:00:00 EST Decision No. 2163 14 Whether it was appropriate to add back to the net income of a dependent contractor amounts paid to his spouse in an income splitting arrangement. NoteworthyDecSummary.asp?lan=E&dec_decid=68398 Wed, 26 Nov 2014 00:00:00 EST Decision No. 128 13 Whether Alzheimer's disease resulted from a minor head injury. NoteworthyDecSummary.asp?lan=E&dec_decid=68379 Fri, 21 Nov 2014 00:00:00 EST Decision No. 2053 14 Whether the right of action of a domestic worker was taken away. NoteworthyDecSummary.asp?lan=E&dec_decid=68279 Fri, 14 Nov 2014 00:00:00 EST Decision No. 1932 04 Consideration of the difference between a Charter challenge and a Charter values argument, and consideration of whether there was discrimination in the determination of FEL benefits after a recurrence based on earnings at the time of the original accident. NoteworthyDecSummary.asp?lan=E&dec_decid=67853 Thu, 13 Nov 2014 00:00:00 EST Decision No. 3 14 Consideration of requirements in content of a Board decision issued by way of form letter. NoteworthyDecSummary.asp?lan=E&dec_decid=67405 Wed, 5 Nov 2014 00:00:00 EST Decision No. 1809 14 Consideration of Board policy requirements for relocation services and payment of relocation expenses. NoteworthyDecSummary.asp?lan=E&dec_decid=67988 Tue, 4 Nov 2014 00:00:00 EST Decision No. 1928 14 Consideration of requirements for entitlement to a motorized scooter as a health care measure. NoteworthyDecSummary.asp?lan=E&dec_decid=68137 Tue, 4 Nov 2014 00:00:00 EST Decision No. 911 14 Consideration of adjudicative advice in the Board's COPD Binder in determining a worker's entitlement for chronic obstructive lung disease. NoteworthyDecSummary.asp?lan=E&dec_decid=66933 Fri, 31 Oct 2014 00:00:00 EST Decision No. 1226 14 Whether to apply a change in a worker's income tax net exemption code after final FEL review. NoteworthyDecSummary.asp?lan=E&dec_decid=67292 Fri, 31 Oct 2014 00:00:00 EST Decision No. 1856 14 Whether a worker was "unable to work" within the meaning of s. 41(1) of the WSIA, so that the re-employment obligation was applicable. NoteworthyDecSummary.asp?lan=E&dec_decid=68043 Thu, 30 Oct 2014 00:00:00 EST Decision No. 1861 14 Whether the worker's direction to accept the older worker no-review option under s. 44(3) of the WSIA was valid. NoteworthyDecSummary.asp?lan=E&dec_decid=68051 Wed, 29 Oct 2014 00:00:00 EST Decision No. 1780 14 Whether it was appropriate to determine a case by way of an oral or a written appeal. NoteworthyDecSummary.asp?lan=E&dec_decid=67956 Tue, 21 Oct 2014 00:00:00 EST Decision No. 1352 12 R Use of updated data in recalculation of retroactive adjustment to an employer's experience rating account. NoteworthyDecSummary.asp?lan=E&dec_decid=68090 Mon, 20 Oct 2014 00:00:00 EST Decision No. 1624 14 Factors to consider in weighing medical evidence. NoteworthyDecSummary.asp?lan=E&dec_decid=67763 Thu, 16 Oct 2014 00:00:00 EST Decision No. 423 14 Consideration of the extent of a worker's disability related to compensable post-traumatic stress disorder. NoteworthyDecSummary.asp?lan=E&dec_decid=66365 Wed, 15 Oct 2014 00:00:00 EST Decision No. 1770 14 Whether the plaintiff worker in a civil action had a substantial connection to Ontario. NoteworthyDecSummary.asp?lan=E&dec_decid=67945 Wed, 15 Oct 2014 00:00:00 EST Decision No. 2530 11 I2 Consideration of matters relating to production of documents from other proceedings, including the deemed undertaking rule. NoteworthyDecSummary.asp?lan=E&dec_decid=68045 Thu, 9 Oct 2014 00:00:00 EST Decision No. 51 14 Consideration of Board practice of granting a 100% NEL award for compensable death. NoteworthyDecSummary.asp?lan=E&dec_decid=65933 Wed, 8 Oct 2014 00:00:00 EST Decision No. 766 14 Whether a worker was entitled to a second supplement under s. 147(4) of the pre-1997 Act. NoteworthyDecSummary.asp?lan=E&dec_decid=66757 Wed, 8 Oct 2014 00:00:00 EST Decision No. 1546 14 Determination of the arrears date for payment of an independent living allowance and a personal care allowance. NoteworthyDecSummary.asp?lan=E&dec_decid=67679 Wed, 1 Oct 2014 00:00:00 EST Decision No. 1246 14 Discussion of distinction between psychotraumatic disability and chronic pain disability. NoteworthyDecSummary.asp?lan=E&dec_decid=67328 Tue, 30 Sep 2014 00:00:00 EST Decision No. 1072 14 Consideration of the principles of calculating a back impairment under the AMA Guides. NoteworthyDecSummary.asp?lan=E&dec_decid=67117 Wed, 24 Sep 2014 00:00:00 EST Decision No. 1124 12 R Consideration of final LOE review made after the 72-month cut-off date but effective as of the cut-off. NoteworthyDecSummary.asp?lan=E&dec_decid=66217 Mon, 22 Sep 2014 00:00:00 EST Decision No. 1069 14 Consideration of the requirement of continuous employment for the applicability of the re-employment obligation in the case of a personnel agency worker. NoteworthyDecSummary.asp?lan=E&dec_decid=67114 Mon, 22 Sep 2014 00:00:00 EST Decision No. 1721 14 Whether worker was entitled to reimbursement for cost of surgery out of Ontario. NoteworthyDecSummary.asp?lan=E&dec_decid=67885 Mon, 22 Sep 2014 00:00:00 EST Decision No. 1269 14 Determining survivor benefits for the estate of a worker who retired for many years from the occupation which led to an occupational disease but remained in the work force in other employment. NoteworthyDecSummary.asp?lan=E&dec_decid=67355 Fri, 19 Sep 2014 00:00:00 EST Decision No. 1549 14 Whether retroactivity of an employer reclassification should be extended based on the real merits and justice provision in Board policy. NoteworthyDecSummary.asp?lan=E&dec_decid=67682 Tue, 16 Sep 2014 00:00:00 EST Decision No. 1610 14 Whether a worker was under-employed by reason of only seeking work in the local community. NoteworthyDecSummary.asp?lan=E&dec_decid=67747 Tue, 16 Sep 2014 00:00:00 EST Decision No. 1313 14 Whether a firefighter had entitlement for traumatic mental stress. NoteworthyDecSummary.asp?lan=E&dec_decid=67410 Wed, 3 Sep 2014 00:00:00 EST Decision No. 1568 14 Whether an individual was a worker or an employer for purposes of the WSIA. NoteworthyDecSummary.asp?lan=E&dec_decid=67702 Tue, 2 Sep 2014 00:00:00 EST Decision No. 967 14 Whether a claim should be considered active in a particular year, for the purposes of the employer's NEER experience rating account. NoteworthyDecSummary.asp?lan=E&dec_decid=67002 Fri, 29 Aug 2014 00:00:00 EST Decision No. 1491 14 Whether enhancement earnings should be included in a worker's short-term earnings basis. NoteworthyDecSummary.asp?lan=E&dec_decid=67614 Wed, 10 Sep 2014 00:00:00 EST Decision No. 1034 14 Whether to use the matrix or the 50% SIEF relief provision in Board policy. NoteworthyDecSummary.asp?lan=E&dec_decid=67073 Tue, 9 Sep 2014 00:00:00 EST Decision No. 1545 14 Consideration of entitlement to health care benefits for drugs based on generic drugs listed in the Board's drug formulary. NoteworthyDecSummary.asp?lan=E&dec_decid=67678 Thu, 21 Aug 2014 00:00:00 EST Decision No. 851 14 Consideration of re-employment obligations regarding a worker who was unable to perform essential duties of pre-injury employment but was able to perform suitable work. NoteworthyDecSummary.asp?lan=E&dec_decid=66855 Wed, 20 Aug 2014 00:00:00 EST Decision No. 1513 14 Consideration of whether a spouse was a worker, executive officer or partner in a business. NoteworthyDecSummary.asp?lan=E&dec_decid=67638 Mon, 18 Aug 2014 00:00:00 EST Decision No. 996 14 Consideration of an enhancement factor to a pension for bilateral cataracts. NoteworthyDecSummary.asp?lan=E&dec_decid=67031 Wed, 30 Jul 2014 00:00:00 EST Decision No. 1119 13 Consideration of requirements of the Board's traumatic mental stress policy regarding objectively and subjectively traumatic events, and regarding a delayed acute reaction to an event. NoteworthyDecSummary.asp?lan=E&dec_decid=64373 Tue, 5 Aug 2014 00:00:00 EST Decision No. 2384 12 Consideration of entitlement for idiopathic pulmonary fibrosis. NoteworthyDecSummary.asp?lan=E&dec_decid=67517 Fri, 25 Jul 2014 00:00:00 EST Decision No. 904 14 Focus on the worker's conduct prior to termination of the worker's employment in determining entitlement to LOE benefits after the termination. NoteworthyDecSummary.asp?lan=E&dec_decid=66925 Wed, 23 Jul 2014 00:00:00 EST Decision No. 1353 14 Whether entitlement for an injury should be limited to an aggravation basis. NoteworthyDecSummary.asp?lan=E&dec_decid=67459 Thu, 17 Jul 2014 00:00:00 EST Decision No. 480 11 Consideration of the thin skull rule, and the crumbling skull exception, in determining entitlement for emotional symptoms and traumatic mental stress. NoteworthyDecSummary.asp?lan=E&dec_decid=67053 Tue, 15 Jul 2014 00:00:00 EST Decision No. 1221 14 Consideration of retroactive appointment of a person as an executive officer of a corporation, in determining executive officer status. NoteworthyDecSummary.asp?lan=E&dec_decid=67287 Mon, 14 Jul 2014 00:00:00 EST Decision No. 1265 14 Consideration of Board policy requirements to entitlement for stomach cancer. NoteworthyDecSummary.asp?lan=E&dec_decid=67350 Mon, 14 Jul 2014 00:00:00 EST Decision No. 590 14 Determination of the commencement date for the recalculation of LOE benefits using the long-term earnings basis. NoteworthyDecSummary.asp?lan=E&dec_decid=66553 Mon, 7 Jul 2014 00:00:00 EST Decision No. 1180 14 Whether plan proposed by employer constituted productive work within meaning of Board policy. NoteworthyDecSummary.asp?lan=E&dec_decid=67244 Mon, 7 Jul 2014 00:00:00 EST Decision No. 916 14 Whether the Tribunal had jurisdiction over decisions of the Board's operating level on referral from an Appeals Resolution Officer. NoteworthyDecSummary.asp?lan=E&dec_decid=66940 Thu, 3 Jul 2014 00:00:00 EST Decision No. 874 14 Consideration of five-year guideline in Board policy regarding entitlement for psychotraumatic disability. NoteworthyDecSummary.asp?lan=E&dec_decid=66891 Fri, 27 Jun 2014 00:00:00 EST Decision No. 1154 14 Consideration of entitlement for chronic obstructive pulmonary disease based primarily on smoking but combined additively with occupational exposure. NoteworthyDecSummary.asp?lan=E&dec_decid=67217 Mon, 16 Jun 2014 00:00:00 EST Decision No. 1228 14 Need for consistency when not bound by Board policy in right to sue applications, and use of Board industry questionnaires for determining worker or independent operator status. NoteworthyDecSummary.asp?lan=E&dec_decid=67295 Thu, 26 Jun 2014 00:00:00 EST Decision No. 396 14 Application of the presbycusis factor in determining entitlement to a NEL award for permanent impairment related to noise-induced hearing loss. NoteworthyDecSummary.asp?lan=E&dec_decid=66333 Fri, 6 Jun 2014 00:00:00 EST Decision No. 2307 12 R Consideration of issues related to the presumption, onus of proof, standard of proof, expert evidence and internet evidene. NoteworthyDecSummary.asp?lan=E&dec_decid=66321 Wed, 4 Jun 2014 00:00:00 EST Decision No. 860 14 Earnings basis of a volunteer firefighter. NoteworthyDecSummary.asp?lan=E&dec_decid=66875 Wed, 4 Jun 2014 00:00:00 EST Decision No. 468 14 Whether the worker's death from a cardiac condition was the result of a compensable heart attack many years earlier. NoteworthyDecSummary.asp?lan=E&dec_decid=66415 Tue, 3 Jun 2014 00:00:00 EST Decision No. 962 14 Consideration of entitlement for a sudden and unexpected emotionally traumatic event, and consideration of whether the mental stress was caused by the employer's actions relating to the worker's employment. NoteworthyDecSummary.asp?lan=E&dec_decid=66996 Thu, 29 May 2014 00:00:00 EST Decision No. 727 13 Standard for determination of whether a worker's right of action is taken away against an executive officer of the worker's employer. NoteworthyDecSummary.asp?lan=E&dec_decid=63910 Thu, 22 May 2014 00:00:00 EST Decision No. 1003 13 Whether the Ontario Rules of Civil Procedure applied to a right to sue application at the Tribunal. NoteworthyDecSummary.asp?lan=E&dec_decid=64233 Tue, 20 May 2014 00:00:00 EST Decision No. 193 14 Whether cost of a worker's LOE benefits should be apportioned between two accidents. NoteworthyDecSummary.asp?lan=E&dec_decid=66096 Tue, 20 May 2014 00:00:00 EST Decision No. 205 14 Whether a worker had entitlement for an accident while engaging in recreational activity on the employer's premises during lunch break. NoteworthyDecSummary.asp?lan=E&dec_decid=66113 Fri, 16 May 2014 00:00:00 EST Decision No. 455 14 Determination of the earnings basis for a dependent contractor. NoteworthyDecSummary.asp?lan=E&dec_decid=66400 Fri, 16 May 2014 00:00:00 EST Decision No. 537 10 R2 Whether an unlicensed representative was acting in the normal course of carrying on a profession governed by another Act, within s. 1(8) para. 1 of the Law Society Act. NoteworthyDecSummary.asp?lan=E&dec_decid=61068 Thu, 1 May 2014 00:00:00 EST Decision No. 1786 11 I2 Whether a hearing of a Charter issue should be denied based on a prior Tribunal decision on the issue. NoteworthyDecSummary.asp?lan=E&dec_decid=65584 Wed, 30 Apr 2014 00:00:00 EST Decision No. 515 14 Whether the firefighter presumption applied in the circumstances and whether the firefighter had entitlement for a fatal heart attack. NoteworthyDecSummary.asp?lan=E&dec_decid=66469 Wed, 30 Apr 2014 00:00:00 EST Decision No. 2157 09 Whether traumatic mental stress provisions in s. 13(4) and (5) of the WSIA infringed the right to equality in s. 15(1) of the Charter of Rights. NoteworthyDecSummary.asp?lan=E&dec_decid=58670 Tue, 29 Apr 2014 00:00:00 EST Decision No. 1686 12 Whether LOE benefits of a worker who moves to another province should continue to be based on Ontario wage rates. NoteworthyDecSummary.asp?lan=E&dec_decid=62109 Fri, 25 Apr 2014 00:00:00 EST Decision No. 2078 13 Determination of when a debt is considered to be due and owing, for purposes of recovery of an overpayment. NoteworthyDecSummary.asp?lan=E&dec_decid=65488 Fri, 25 Apr 2014 00:00:00 EST Decision No. 364 13 Whether a welder had entitlement for prostate cancer. NoteworthyDecSummary.asp?lan=E&dec_decid=66621 Wed, 23 Apr 2014 00:00:00 EST Decision No. 479 14 Consideration of whether a worker received health care or first aid only, in determining whether the employer should be assessed with a late filing penalty. NoteworthyDecSummary.asp?lan=E&dec_decid=66428 Wed, 16 Apr 2014 00:00:00 EST Decision No. 904 13 Whether a worker had entitlement for injuries suffered on the premises of an LMR service provider. NoteworthyDecSummary.asp?lan=E&dec_decid=64118 Mon, 14 Apr 2014 00:00:00 EST Decision No. 99 14 Whether LOE benefits should be offset by CPP benefits when the deterioration of the compensable condition leading to full LOE benefits did not result in an increased NEL award. NoteworthyDecSummary.asp?lan=E&dec_decid=65992 Mon, 14 Apr 2014 00:00:00 EST Decision No. 736 13 Whether a worker had entitlement for chronic toxic encephalopathy related to workplace exposure to solvents. NoteworthyDecSummary.asp?lan=E&dec_decid=66637 Wed, 9 Apr 2014 00:00:00 EST Decision No. 365 14 Whether an employer breached its re-employment obligations when it terminated a worker's employment for failure to provide medical documentation to support absences from work. NoteworthyDecSummary.asp?lan=E&dec_decid=66297 Mon, 7 Apr 2014 00:00:00 EST Decision No. 1378 12 Whether an air conditioning mechanic had entitlement for Legionnaire's disease. NoteworthyDecSummary.asp?lan=E&dec_decid=61741 Mon, 31 Mar 2014 00:00:00 EST Decision No. 510 14 Whether FEL benefits for a compensable injury should be offset by CPP disability benefits granted in relation to a prior compensable injury for which no FEL benefits were granted. NoteworthyDecSummary.asp?lan=E&dec_decid=66464 Wed, 26 Mar 2014 00:00:00 EST Decision No. 2137 13 Whether there was an agreement between the worker and her Schedule 2 employer for waiver of benefits under s. 63 of the WSIA. NoteworthyDecSummary.asp?lan=E&dec_decid=65560 Fri, 21 Mar 2014 00:00:00 EST Decision No. 2184 12 Whether a worker had entitlement for a bone marrow disorder related to benzene exposure. NoteworthyDecSummary.asp?lan=E&dec_decid=62705 Thu, 20 Mar 2014 00:00:00 EST Decision No. 474 12 Consideration of entitlement criteria in Board policy for asbestos workers with gastrointestinal cancer. NoteworthyDecSummary.asp?lan=E&dec_decid=66410 Tue, 18 Mar 2014 00:00:00 EST Decision No. 366 14 Whether a worker was entitled to benefits for injuries suffered when he fainted due to a non-compensable pre-existing condition. NoteworthyDecSummary.asp?lan=E&dec_decid=66298 Fri, 14 Mar 2014 00:00:00 EST Decision No. 47 12 Whether a worker had entitlement for infection related to an antibiotic resistant bacterium (MRSA). NoteworthyDecSummary.asp?lan=E&dec_decid=66424 Fri, 14 Mar 2014 00:00:00 EST Decision No. 2089 12 Determination of which of two Schedule 2 employers should be charged with the costs of a worker's claim for occupational disease. NoteworthyDecSummary.asp?lan=E&dec_decid=66404 Thu, 13 Mar 2014 00:00:00 EST Decision No. 1940 12 Whether a worker had entitlement for bipolar disorder. NoteworthyDecSummary.asp?lan=E&dec_decid=62417 Thu, 6 Mar 2014 00:00:00 EST Decision No. 236 13 R Whether to refer issues back to the Board for determination. NoteworthyDecSummary.asp?lan=E&dec_decid=65493 Fri, 28 Feb 2014 00:00:00 EST Decision No. 556 06 R Consideration of an application by the Board to reconsider based on subsequent investigation of the worker leading to the worker pleading guilty on counts of making false statements and failing to report material changes in circumstances. NoteworthyDecSummary.asp?lan=E&dec_decid=64172 Wed, 26 Feb 2014 00:00:00 EST Decision No. 2001 13 Whether a worker had entitlement for psychotraumatic disability, notwithstanding exaggeration of his symptoms. NoteworthyDecSummary.asp?lan=E&dec_decid=65404 Mon, 24 Feb 2014 00:00:00 EST Decision No. 2087 13 Whether, in the circumstances of the case, it was reasonable to require the worker to relocate in order to search for suitable work. NoteworthyDecSummary.asp?lan=E&dec_decid=65498 Wed, 19 Feb 2014 00:00:00 EST Decision No. 199 14 Determining the date of accident in a disablement case and whether and extension of the time to file a claim should be granted. NoteworthyDecSummary.asp?lan=E&dec_decid=66105 Thu, 13 Feb 2014 00:00:00 EST Decision No. 204 14 Whether a worker's NEL award should be apportioned due to pre-existing degenerative changes. NoteworthyDecSummary.asp?lan=E&dec_decid=66112 Wed, 12 Feb 2014 00:00:00 EST Decision No. 2574 11 Whether a firefighter, to whom the presumption in s. 15.1(4) of the WSIA did not apply, had entitlement for colorectal cancer. NoteworthyDecSummary.asp?lan=E&dec_decid=66170 Wed, 12 Feb 2014 00:00:00 EST Decision No. 201 14 Determination of the number of days to be factored out of the recalculation period for the worker's long-term earnings basis. NoteworthyDecSummary.asp?lan=E&dec_decid=66108 Fri, 7 Feb 2014 00:00:00 EST Decision No. 498 13 Consideration of provisions for review of LOE benefits for deterioration of a worker's condition after the 72-month lock-in date. NoteworthyDecSummary.asp?lan=E&dec_decid=63642 Fri, 31 Jan 2014 00:00:00 EST Decision No. 1968 13 Whether the worker had entitlement for hepatitis B in the absence of an open skin wound. NoteworthyDecSummary.asp?lan=E&dec_decid=65363 Thu, 30 Jan 2014 00:00:00 EST Decision No. 1057 09 Final decision on appeal regarding clothing allowance after Board policy change in 1996. NoteworthyDecSummary.asp?lan=E&dec_decid=66057 Thu, 30 Jan 2014 00:00:00 EST Decision No. 2354 12 R Whether the Tribunal should reconsider an SIEF decision in order to take jurisdiction over retroactive adjustment of the employer's experience rating account. NoteworthyDecSummary.asp?lan=E&dec_decid=65397 Wed, 29 Jan 2014 00:00:00 EST Decision No. 2356 13 Apportionment of a NEL award for chronic pain disability between a compensable injury and a non-compensable co-existing condition. NoteworthyDecSummary.asp?lan=E&dec_decid=65816 Tue, 28 Jan 2014 00:00:00 EST Decision No. 688 12 How to attribute wage loss following a deterioration in the worker's condition, for a worker who had multiple compensable accidents. NoteworthyDecSummary.asp?lan=E&dec_decid=65735 Thu, 23 Jan 2014 00:00:00 EST Decision No. 1894 13 Applicability of the Board's Workwell audit to a temporary personnel agency. NoteworthyDecSummary.asp?lan=E&dec_decid=65274 Wed, 22 Jan 2014 00:00:00 EST Decision No. 1787 13 An overpayment is created not from when the excess amount was paid but, rather, from when the Board determines that there was an overpayment. NoteworthyDecSummary.asp?lan=E&dec_decid=65144 Fri, 17 Jan 2014 00:00:00 EST Decision No. 2331 13 Whether modified work at a distant location is available employment within the meaning of Board policy. NoteworthyDecSummary.asp?lan=E&dec_decid=65787 Thu, 16 Jan 2014 00:00:00 EST Decision No. 2180 13 Consideration of activities that fall within the parameters of a personal care allowance. NoteworthyDecSummary.asp?lan=E&dec_decid=65610 Tue, 14 Jan 2014 00:00:00 EST Decision No. 1126 13 Use of the Board's Adjudicative Advice document in assessing permanent impairment for a repetitive strain injury. NoteworthyDecSummary.asp?lan=E&dec_decid=65895 Wed, 8 Jan 2014 00:00:00 EST Decision No. 788 08 Whether natural gas door-to-door sales agents were workers or independent operators. NoteworthyDecSummary.asp?lan=E&dec_decid=60344 Fri, 27 Dec 2013 00:00:00 EST Decision No. 1803 13 Whether an aqua fitness program qualified as health care. NoteworthyDecSummary.asp?lan=E&dec_decid=65161 Fri, 27 Dec 2013 00:00:00 EST Decision No. 1018 13 Whether a mechanic in the mining industry had entitlement for lung cancer. NoteworthyDecSummary.asp?lan=E&dec_decid=64250 Tue, 24 Dec 2013 00:00:00 EST Decision No. 2086 13 Consideration of provision in the Board's policy on work transition plans regarding the option for older workers. NoteworthyDecSummary.asp?lan=E&dec_decid=65497 Fri, 20 Dec 2013 00:00:00 EST Decision No. 2210 13 Whether pay in lieu of notice received by a worker should be deducted from the worker's LOE benefits. NoteworthyDecSummary.asp?lan=E&dec_decid=65644 Mon, 16 Dec 2013 00:00:00 EST Decision No. 2134 13 Whether delay in receiving treatment contributed to the extent of disability caused by a stroke. NoteworthyDecSummary.asp?lan=E&dec_decid=65555 Wed, 11 Dec 2013 00:00:00 EST Decision No. 2348 11 Whether the Board should recalculate an employer's experience rating adjustments after retroactive classification changes. NoteworthyDecSummary.asp?lan=E&dec_decid=59806 Tue, 10 Dec 2013 00:00:00 EST Decision No. 512 06 R Application for reconsideration denied, of decision finding that the two-year limit on benefits to workers injured after age 63 in s. 43(1)(c) of the WSIA did not violate s. 15 of the Charter of Rights. NoteworthyDecSummary.asp?lan=E&dec_decid=64689 Tue, 10 Dec 2013 00:00:00 EST Decision No. 2447 12 Whether a maintenance mechanic at a nickel producer had entitlement for lung cancer. NoteworthyDecSummary.asp?lan=E&dec_decid=63010 Thu, 5 Dec 2013 00:00:00 EST Decision No. 829 10 Consideration of a Charter of Rights challenge to the offset of CPP disability benefits from supplementary benefits under s. 147(4) of the pre-1997 Act. NoteworthyDecSummary.asp?lan=E&dec_decid=61339 Wed, 4 Dec 2013 00:00:00 EST Decision No. 1682 13 Regarding entitlement to LOE benefits after termination of a worker's employment when it has been determined that the termination is unrelated to the injury, whether it is still necessary to enter into a secondary analysis to determine whether the termination negates the significance of the compensable injury to the subsequent loss of earnings. NoteworthyDecSummary.asp?lan=E&dec_decid=65021 Wed, 4 Dec 2013 00:00:00 EST Decision No. 1982 13 When the Tribunal grants redetermination of a NEL award, it is still up to the Board to determine if there is a measurable deterioration which places the worker below the current NEL quantum. NoteworthyDecSummary.asp?lan=E&dec_decid=65378 Tue, 3 Dec 2013 00:00:00 EST Decision No. 2179 13 Review and recalculation of supplementary benefits under s. 147(4) of the pre-1997 Act. NoteworthyDecSummary.asp?lan=E&dec_decid=65609 Tue, 3 Dec 2013 00:00:00 EST Decision No. 1981 13 Whether the worker was entitled to reimbursement for the cost of a drug that was not on the Board's drug formularies. NoteworthyDecSummary.asp?lan=E&dec_decid=65377 Wed, 27 Nov 2013 00:00:00 EST Decision No. 2374 07 Whether a firefighter had entitlement for Hodgkin's lymphoma. NoteworthyDecSummary.asp?lan=E&dec_decid=62242 Mon, 25 Nov 2013 00:00:00 EST Decision No. 2373 12 Whether Board policy is intended to provide for multiple supplements under s. 147(4) of the pre-1997 Act when the new pension is recognized under another claim after a first supplement has been awarded but when the arrears date for the new pension award is prior to the date that the first supplement was recognized. NoteworthyDecSummary.asp?lan=E&dec_decid=62922 Tue, 19 Nov 2013 00:00:00 EST Decision No. 1199 12 Consideration of entitlement for non-Hodgkin's lymphoma as a result of exposure to benzene. NoteworthyDecSummary.asp?lan=E&dec_decid=65574 Fri, 15 Nov 2013 00:00:00 EST Decision No. 699 13 I Whether Board policy to offset survivor benefits under s. 48 of the WSIA by 100% of CPP survivor benefits was consistent with s. 48(23). NoteworthyDecSummary.asp?lan=E&dec_decid=63878 Tue, 12 Nov 2013 00:00:00 EST Decision No. 1700 12 Whether a paramedic had entitlement for traumatic mental stress from attending an accident scene. NoteworthyDecSummary.asp?lan=E&dec_decid=62127 Wed, 6 Nov 2013 00:00:00 EST Decision No. 1512 13 Determination by the Vice-Chair of how to proceed when an unrepresented party requested an adjournment to obtain representation during the hearing. NoteworthyDecSummary.asp?lan=E&dec_decid=64828 Mon, 4 Nov 2013 00:00:00 EST Decision No. 1098 13 Whether a correctional officer had entitlement for mental stress based on impact of carrying out controversial orders. NoteworthyDecSummary.asp?lan=E&dec_decid=64346 Mon, 28 Oct 2013 00:00:00 EST Decision No. 403 12 Whether a worker had entitlement for multiple myeloma based on exposure to benzene. NoteworthyDecSummary.asp?lan=E&dec_decid=65385 Fri, 25 Oct 2013 00:00:00 EST Decision No. 893 13 Regarding entitlement to LOE benefits after termination of a worker's employment when it has been determined that the termination is unrelated to the injury, whether it is still necessary to enter into a secondary analysis to determine whether the termination negates the significance of the compensable injury to the subsequent loss of earnings. NoteworthyDecSummary.asp?lan=E&dec_decid=64106 Thu, 17 Oct 2013 00:00:00 EST Decision No. 503 10 R Explanation of sequential decision making and its impact on jurisdiction and issue setting. NoteworthyDecSummary.asp?lan=E&dec_decid=65034 Wed, 16 Oct 2013 00:00:00 EST Decision No. 1858 13 Consideration of how to rate chronic pain within Class 4 of the Board's rating schedule. Entitlement for health care based on recent establishment of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario. NoteworthyDecSummary.asp?lan=E&dec_decid=65226 Mon, 7 Oct 2013 00:00:00 EST Decision No. 1545 13 Whether a worker, who had been pursuing his claim in another province, was entitled to an extension of the time to file a claim in Ontario. NoteworthyDecSummary.asp?lan=E&dec_decid=64865 Tue, 1 Oct 2013 00:00:00 EST Decision No. 1696 13 I Whether a union representative could represent a worker of a different union under the provisions of the Law Society Act or for reasons of fairness. NoteworthyDecSummary.asp?lan=E&dec_decid=65039 Tue, 1 Oct 2013 00:00:00 EST Decision No. 200 13 Whether an employer was entitled to cost relief for mental disorder suffered by its worker after the worker witnessed a motor vehicle accident. NoteworthyDecSummary.asp?lan=E&dec_decid=63299 Mon, 30 Sep 2013 00:00:00 EST Decision No. 1706 13 The Board must prepare an LMR plan in consultation with the worker but the Board is not required to follow the worker's wishes. NoteworthyDecSummary.asp?lan=E&dec_decid=65049 Fri, 27 Sep 2013 00:00:00 EST Decision No. 1141 13 Whether an R2 FEL award, which was withheld because it did not receive final review by the 60th month after initial FEL determination, can be restored retroactively. NoteworthyDecSummary.asp?lan=E&dec_decid=64397 Thu, 26 Sep 2013 00:00:00 EST Decision No. 1164 13 Whether a worker had entitlement for sponsorship for self-directed job search activities under the Board's work transition policies. NoteworthyDecSummary.asp?lan=E&dec_decid=64422 Wed, 25 Sep 2013 00:00:00 EST Decision No. 1383 13 Whether a driver and transport company from out of Ontario had a substantial connection to Ontario so as to bring them within the scope of the WSIA. NoteworthyDecSummary.asp?lan=E&dec_decid=64680 Wed, 18 Sep 2013 00:00:00 EST Decision No. 2382 12 Review of previously denied claim by a firefighter for a heart attack in 1973 under amendments to the WSIA. NoteworthyDecSummary.asp?lan=E&dec_decid=62931 Fri, 13 Sep 2013 00:00:00 EST Decision No. 1064 13 Consideration of availability of employment for the worker in the identified SEB. NoteworthyDecSummary.asp?lan=E&dec_decid=64304 Fri, 13 Sep 2013 00:00:00 EST Decision No. 1454 13 I Whether evidence related to time period after the time period being addressed in the appeal could be used in the hearing. NoteworthyDecSummary.asp?lan=E&dec_decid=64767 Wed, 11 Sep 2013 00:00:00 EST Decision No. 1444 13 Consideration of whether to stay proceedings of the employer's SIEF appeal pending resolution of a civil case brought against the employer relating to a different incident. NoteworthyDecSummary.asp?lan=E&dec_decid=64754 Mon, 9 Sep 2013 00:00:00 EST Decision No. 128 13 I Determination of whether to obtain a report from a Tribunal medical assessor. NoteworthyDecSummary.asp?lan=E&dec_decid=63217 Fri, 6 Sep 2013 00:00:00 EST Decision No. 1100 13 Whether a uranium miner had entitlement for leukemia based on exposure to radiation. NoteworthyDecSummary.asp?lan=E&dec_decid=64348 Fri, 30 Aug 2013 00:00:00 EST Decision No. 943 13 Whether a worker was entitled to interest on delayed voluntary contributions to retirement benefits under s. 45(3) of the WSIA. NoteworthyDecSummary.asp?lan=E&dec_decid=64166 Wed, 28 Aug 2013 00:00:00 EST Decision No. 1569 13 Consideration of Board policy requirements for commutation of a pension. NoteworthyDecSummary.asp?lan=E&dec_decid=64892 Tue, 27 Aug 2013 00:00:00 EST Decision No. 838 13 Consideration of entitlement LMR services and LOE benefits when there is a post-accident non-compensable condition. NoteworthyDecSummary.asp?lan=E&dec_decid=64040 Thu, 22 Aug 2013 00:00:00 EST Decision No. 1212 13 Whether a 911 call centre supervisor had entitlement for traumatic mental stress. NoteworthyDecSummary.asp?lan=E&dec_decid=64476 Thu, 22 Aug 2013 00:00:00 EST Decision No. 1273 13 Consideration of what constitutes a chronic pain NEL rating within Class 4 of the Board's rating schedule. NoteworthyDecSummary.asp?lan=E&dec_decid=64550 Thu, 15 Aug 2013 00:00:00 EST Decision No. 2 08 Whether a fitness club membership constituted health care within s. 32 of the WSIA. NoteworthyDecSummary.asp?lan=E&dec_decid=63833 Fri, 9 Aug 2013 00:00:00 EST Decision No. 273 10 I Charter of Rights question based on age raised regarding loss of earnings benefits under s. 43(1)(c) of the WSIA and loss of retirement income under s. 45(1). NoteworthyDecSummary.asp?lan=E&dec_decid=54267 Thu, 8 Aug 2013 00:00:00 EST Decision No. 1228 13 Whether a worker was entitled to a discretionary increase in his NEL award, in accordance with a provision in the AMA Guides. NoteworthyDecSummary.asp?lan=E&dec_decid=64496 Thu, 8 Aug 2013 00:00:00 EST Decision No. 1011 13 Whether an injured worker, who was unable to continue working for the employer due to conditions imposed after pleading guilty to a criminal charge, was entitled to LOE benefits. NoteworthyDecSummary.asp?lan=E&dec_decid=64242 Thu, 1 Aug 2013 00:00:00 EST Decision No. 716 13 Determination of what constitutes a decision for the purposes of establishing the time limit to appeal. NoteworthyDecSummary.asp?lan=E&dec_decid=63897 Wed, 31 Jul 2013 00:00:00 EST Decision No. 665 10 I2 Whether to use the average worker test in considering a claim for mental stress. NoteworthyDecSummary.asp?lan=E&dec_decid=56767 Tue, 30 Jul 2013 00:00:00 EST Decision No. 1276 13 Whether there was delay in implementing adjustment of FEL benefits to reflect receipt of CPP disability benefits that would warrant waiver of recovery of overpayment. NoteworthyDecSummary.asp?lan=E&dec_decid=64553 Tue, 30 Jul 2013 00:00:00 EST Decision No. 1055 13 Consideration of provisions in the Act and Board policy regarding horseplay and misconduct. NoteworthyDecSummary.asp?lan=E&dec_decid=64295 Tue, 23 Jul 2013 00:00:00 EST Decision No. 1158 13 Worker, whose employment was terminated for reasons unrelated to the compensable injury, was entitled to benefits during period of recovery from compensable surgery. NoteworthyDecSummary.asp?lan=E&dec_decid=64416 Thu, 18 Jul 2013 00:00:00 EST Decision No. 1118 12 Consideration of entitlement to LOE benefits during a strike. NoteworthyDecSummary.asp?lan=E&dec_decid=61409 Wed, 17 Jul 2013 00:00:00 EST Decision No. 2158 11 Board policy on fighting is not restricted to a physical fight
a verbal altercation is a fight within the meaning of the policy.
NoteworthyDecSummary.asp?lan=E&dec_decid=59562 Thu, 11 Jul 2013 00:00:00 EST
Decision No. 1626 12 Regarding worker status, the fact of incorporation is of central relevance in determining whether an individual is a worker or an executive officer of the corporation. NoteworthyDecSummary.asp?lan=E&dec_decid=62043 Wed, 10 Jul 2013 00:00:00 EST Decision No. 468 08 R Whether it was advisable to reconsider a decision when the request to reconsider was received four years after release of the decision. NoteworthyDecSummary.asp?lan=E&dec_decid=64210 Wed, 10 Jul 2013 00:00:00 EST Decision No. 1846 12 Consideration of risk of lung cancer due to smoking when the worker smoked only moderately and quit smoking many years prior to diagnosis. NoteworthyDecSummary.asp?lan=E&dec_decid=62308 Mon, 8 Jul 2013 00:00:00 EST Decision No. 233 13 Determining the offset of CPP disability benefits from LOE benefits, in circumstances where there were also non-compensable conditions. NoteworthyDecSummary.asp?lan=E&dec_decid=63336 Wed, 3 Jul 2013 00:00:00 EST Decision No. 809 10 R Whether a Tribunal decision, which granted entitlement for psychotraumatic disability, with the nature and quantum of benefits to be determined by the Board, and which granted partial LOE benefits, was a final determination of entitlement to LOE benefits. NoteworthyDecSummary.asp?lan=E&dec_decid=63066 Wed, 19 Jun 2013 00:00:00 EST Decision No. 2421 12 Whether a worker with a left elbow impairment should receive a separate NEL rating for loss of grip and pinch strength, and whether the whole person impairment rating should be increased due to a congenital right arm disability. NoteworthyDecSummary.asp?lan=E&dec_decid=64325 Tue, 18 Jun 2013 00:00:00 EST Decision No. 1033 13 I Determination of an employer's access to the worker's file, when the issue in dispute was retroactive adjustment of the employer's experience rating account to reflect increased SIEF relief. NoteworthyDecSummary.asp?lan=E&dec_decid=64267 Thu, 13 Jun 2013 00:00:00 EST Decision No. 717 13 Consideration of the criteria for determining what constitutes a Board decision, in the context of the time limit to appeal. NoteworthyDecSummary.asp?lan=E&dec_decid=63898 Fri, 7 Jun 2013 00:00:00 EST Decision No. 666 13 Whether an LMR program provided the worker with new skills or improved existing skills, in determining the amount of LOE benefits. NoteworthyDecSummary.asp?lan=E&dec_decid=63837 Thu, 6 Jun 2013 00:00:00 EST Decision No. 889 13 Whether a worker had entitlement for an injury suffered during an LMR program. NoteworthyDecSummary.asp?lan=E&dec_decid=64102 Tue, 4 Jun 2013 00:00:00 EST Decision No. 344 10 R Whether it is advisable to reconsider a decision when the request to reconsider is received more than six months after release of the decision. NoteworthyDecSummary.asp?lan=E&dec_decid=64289 Tue, 4 Jun 2013 00:00:00 EST Decision No. 1138 12 Whether workers participating in non-mandatory professional development activity were in the course of employment. NoteworthyDecSummary.asp?lan=E&dec_decid=62932 Fri, 31 May 2013 00:00:00 EST Decision No. 583 13 Whether an employer was entitled to access to potentially relevant, sensitive information in the worker's file concerning a family member of the worker. NoteworthyDecSummary.asp?lan=E&dec_decid=63743 Fri, 31 May 2013 00:00:00 EST Decision No. 732 13 Determination of the earnings basis of an apprentice at the time of a subsequent lay-off. NoteworthyDecSummary.asp?lan=E&dec_decid=63917 Fri, 31 May 2013 00:00:00 EST Decision No. 865 13 Whether an injured worker was entitled to LOE benefits during a strike when he was not in receipt of LOE benefits at the time of the strike, due to delay in processing the claim. NoteworthyDecSummary.asp?lan=E&dec_decid=64074 Fri, 31 May 2013 00:00:00 EST Decision No. 795 13 Reinstatement of LMR services after intervening, non-compensable reasons for non-co-operation in the program ended. NoteworthyDecSummary.asp?lan=E&dec_decid=63989 Wed, 29 May 2013 00:00:00 EST Decision No. 946 13 Calculation of the offset of CPP disability benefits from LOE benefits for a worker whose actual pre-injury earnings were above the statutory maximum. NoteworthyDecSummary.asp?lan=E&dec_decid=64169 Tue, 21 May 2013 00:00:00 EST Decision No. 818 12 Whether a worker had entitlement for traumatic mental stress based on criminal charge of assault related to a workplace event. NoteworthyDecSummary.asp?lan=E&dec_decid=61060 Fri, 17 May 2013 00:00:00 EST Decision No. 248 13 Consideration of change in Board policy regarding sinter plant exposure, and review of principles relating to epidemiological evidence. NoteworthyDecSummary.asp?lan=E&dec_decid=63352 Fri, 10 May 2013 00:00:00 EST Decision No. 640 13 Evaluation of epidemiological evidence in determining entitlement for a rare form of leukemia. NoteworthyDecSummary.asp?lan=E&dec_decid=63806 Tue, 7 May 2013 00:00:00 EST Decision No. 685 13 Determining post-accident earnings of a self-employed worker for FEL purposes. NoteworthyDecSummary.asp?lan=E&dec_decid=63859 Thu, 2 May 2013 00:00:00 EST Decision No. 270 13 Determining the percentage of offset of CPP disability benefits from LOE benefits, in circumstances of minor non-compensable conditions. NoteworthyDecSummary.asp?lan=E&dec_decid=63376 Tue, 30 Apr 2013 00:00:00 EST Decision No. 493 13 Calculation of supplements under s. 147(4), both initially and on subsequent review, is subject to the Old Age Security cap in subsection (8). NoteworthyDecSummary.asp?lan=E&dec_decid=63636 Mon, 29 Apr 2013 00:00:00 EST Decision No. 1562 12 Calculation of an employer's premiums and surcharge when migrating from the MAPP experience rating plan to the CAD-7 experience rating plan. NoteworthyDecSummary.asp?lan=E&dec_decid=61958 Wed, 24 Apr 2013 00:00:00 EST Decision No. 556 13 Whether a worker had entitlement for non-Hodgkin's lymphoma based on exposure to second-hand smoke. NoteworthyDecSummary.asp?lan=E&dec_decid=63710 Thu, 18 Apr 2013 00:00:00 EST Decision No. 644 13 Effect of early retirement on entitlement to LOE benefits. NoteworthyDecSummary.asp?lan=E&dec_decid=63810 Tue, 16 Apr 2013 00:00:00 EST Decision No. 99 13 Whether worker had entitlement for traumatic mental stress due to sexual harassment. NoteworthyDecSummary.asp?lan=E&dec_decid=63180 Wed, 10 Apr 2013 00:00:00 EST Decision No. 2293 08 R Whether an impairment of earning capacity is required for determination of entitlement to a pension. NoteworthyDecSummary.asp?lan=E&dec_decid=63682 Wed, 10 Apr 2013 00:00:00 EST Decision No. 585 13 Hepatitis C as a result of a needle stick injury. NoteworthyDecSummary.asp?lan=E&dec_decid=63745 Tue, 9 Apr 2013 00:00:00 EST Decision No. 712 11 Whether worker should have entitlement for chronic pain disability or psychotraumatic disability. NoteworthyDecSummary.asp?lan=E&dec_decid=63370 Fri, 5 Apr 2013 00:00:00 EST Decision No. 2450 12 Entitlement to LOE benefits after termination of an injured worker's employment for reasons unrelated to the compensable injury. NoteworthyDecSummary.asp?lan=E&dec_decid=63014 Thu, 4 Apr 2013 00:00:00 EST Decision No. 2388 12 Whether worker's condition was chronic pain or fibromyalgia. NoteworthyDecSummary.asp?lan=E&dec_decid=62940 Wed, 3 Apr 2013 00:00:00 EST Decision No. 407 13 Whether entitlement should be granted for chronic pain or psychotraumatic disability. NoteworthyDecSummary.asp?lan=E&dec_decid=63532 Thu, 28 Mar 2013 00:00:00 EST Decision No. 1824 12 Psychiatric condition related to mistreatment by a supervisor and co-workers after return to modified work following a physical injury. NoteworthyDecSummary.asp?lan=E&dec_decid=62279 Wed, 27 Mar 2013 00:00:00 EST Decision No. 2131 12 Whether the Tribunal had jurisdiction on a right to sue application after the civil action was dismissed by the court as abandoned. NoteworthyDecSummary.asp?lan=E&dec_decid=62643 Mon, 25 Mar 2013 00:00:00 EST Decision No. 422 13 Determination of the date from which the time limit to appeal should run. NoteworthyDecSummary.asp?lan=E&dec_decid=63550 Mon, 25 Mar 2013 00:00:00 EST Decision No. 283 13 A notice of audit is spent only if it takes too long for the audit results to be first communicated to the employer. NoteworthyDecSummary.asp?lan=E&dec_decid=63390 Fri, 22 Mar 2013 00:00:00 EST Decision No. 2307 12 Whether a millwright, with a history of smoking and alcohol consumption, had entitlement for esophageal cancer. NoteworthyDecSummary.asp?lan=E&dec_decid=62844 Wed, 20 Mar 2013 00:00:00 EST Decision No. 214 13 Whether hearsay evidence can be the basis for rejection of direct testimony. NoteworthyDecSummary.asp?lan=E&dec_decid=63316 Tue, 12 Mar 2013 00:00:00 EST Decision No. 1916 07 R Denial of entitlement by the Board to workplace insurance benefits after determination that the worker's right of action was taken away. NoteworthyDecSummary.asp?lan=E&dec_decid=63464 Mon, 11 Mar 2013 00:00:00 EST Decision No. 2020 12 I Admissibility of surveillance evidence. NoteworthyDecSummary.asp?lan=E&dec_decid=62520 Fri, 8 Mar 2013 00:00:00 EST Decision No. 186 13 Whether to consider a retroactive NEER adjustment in the context of an appeal regarding the quantum of SIEF relief. NoteworthyDecSummary.asp?lan=E&dec_decid=63282 Mon, 4 Mar 2013 00:00:00 EST Decision No. 173 05 I Application by the common law spouse of a deceased worker for authority to pursue a claim on behalf of the worker's estate. NoteworthyDecSummary.asp?lan=E&dec_decid=63373 Mon, 4 Mar 2013 00:00:00 EST Decision No. 2064 12 Determination of worker status of a child helping in a family business. NoteworthyDecSummary.asp?lan=E&dec_decid=62570 Thu, 28 Feb 2013 00:00:00 EST Decision No. 2169 07 Whether an injury was an accident or attempted suicide. NoteworthyDecSummary.asp?lan=E&dec_decid=46609 Wed, 27 Feb 2013 00:00:00 EST Decision No. 25 13 Application of Board policy on occupational disease in claim that meets factual provisions of the policy, without need to consider other etiologies. NoteworthyDecSummary.asp?lan=E&dec_decid=63101 Wed, 27 Feb 2013 00:00:00 EST Decision No. 2063 12 Whether contentious family matters provided a legitimate reason for failure to co-operate with LMR. NoteworthyDecSummary.asp?lan=E&dec_decid=62568 Tue, 26 Feb 2013 00:00:00 EST Decision No. 1825 11 R Distinction between large corporations and small, family-controlled businesses in determination of executive officer status of a person who was not in any the positions identified as executive officers in Board policy. NoteworthyDecSummary.asp?lan=E&dec_decid=62647 Tue, 26 Feb 2013 00:00:00 EST Decision No. 208 13 Whether a worker was entitled to a discretionary increase in the NEL award for shoulder impairment. NoteworthyDecSummary.asp?lan=E&dec_decid=63309 Fri, 22 Feb 2013 00:00:00 EST Decision No. 1432 12 Right to sue of a plaintiff who intended to pursue personal activities but, at the moment of an accident, was engaged in work-related activity. NoteworthyDecSummary.asp?lan=E&dec_decid=61798 Wed, 20 Feb 2013 00:00:00 EST Decision No. 1354 07 Extensive review of whether the stress provisions in the WSIA were applicable to the federal Government Employees Compensation Act, although, in the circumstances, it was not necessary to make a determination on that issue. NoteworthyDecSummary.asp?lan=E&dec_decid=62915 Tue, 19 Feb 2013 00:00:00 EST Decision No. 601 11 Classification of a provider of home care services. NoteworthyDecSummary.asp?lan=E&dec_decid=61098 Tue, 12 Feb 2013 00:00:00 EST Decision No. 1229 12 Consideration of entitlement to multiple FEL awards where worker was already in receipt of a full FEL award. NoteworthyDecSummary.asp?lan=E&dec_decid=61547 Mon, 11 Feb 2013 00:00:00 EST Decision No. 1954 12 Generally, a worker cannot be entitled to benefits for both chronic pain and psychotraumatic disability
thus, in the circumstances, it was not appropriate for the worker, who was pursuing an increase in the quantum of chronic pain entitlement, to pursue entitlement for psychotraumatic disability.
NoteworthyDecSummary.asp?lan=E&dec_decid=62435 Wed, 6 Feb 2013 00:00:00 EST
Decision No. 1861 10 IR Type of new evidence required to re-open issue of extension of a time limit. NoteworthyDecSummary.asp?lan=E&dec_decid=60997 Wed, 30 Jan 2013 00:00:00 EST Decision No. 2054 11 R Application by defendants in a civil action, who chose not to participate in a right to sue application, for clarification of the decision. NoteworthyDecSummary.asp?lan=E&dec_decid=63181 Fri, 25 Jan 2013 00:00:00 EST Decision No. 147 10 Traumatic mental stress of police 911 dispatcher. NoteworthyDecSummary.asp?lan=E&dec_decid=54113 Thu, 24 Jan 2013 00:00:00 EST Decision No. 1882 12 Entitlement for traumatic mental stress based on continuous verbal harassment by a co-worker. NoteworthyDecSummary.asp?lan=E&dec_decid=62350 Thu, 24 Jan 2013 00:00:00 EST Decision No. 2480 12 Consideration of a worker's request for an adjournment in order to pursue other issues at the Board. NoteworthyDecSummary.asp?lan=E&dec_decid=63053 Fri, 18 Jan 2013 00:00:00 EST Decision No. 98 13 Temporary benefits after retirement under the pre-1985 and pre-1989 Acts. NoteworthyDecSummary.asp?lan=E&dec_decid=63179 Thu, 17 Jan 2013 00:00:00 EST