Highlights of Noteworthy Decisions

Decision 1449 21
2022-01-18
E. Kosmidis
  • Jurisdiction, Tribunal (appealable issue)
  • Health care

Following implementation of Decision No. 2345/17, the worker was granted a 30% NEL for psychotraumatic disability by the Board. When combined with the worker's 10% NEL for the right shoulder and his 2% NEL for Noise-Induced Hearing Loss in an unrelated claim, the worker had a 38% whole person impairment.

The sole issue in this appeal was whether the worker should be reimbursed for the cost of his union dues which the worker continued to pay in order for his health care benefits to continue while he pursued his WSIB appeals.
The Vice-Chair, in reviewing both Board policy and section 32 of the WSIA, found that neither defined health care as including union dues or the payment of a private health insurance premium. Reimbursement for union dues or private health insurance premiums were not a benefit under the WSIA. The Tribunal did not have jurisdiction to make this award. Following Decision No. 627/12, the Vice-Chair found that she lacked jurisdiction both under the Act and policy and denied on the basis of a lack of jurisdiction to consider reimbursement of union dues.
The appeal was denied.