- Adjournment (additional submissions)
- Procedure (submissions) (Board)
- Cancer (rectum)
The estate's appeal was adjourned pending a response from the WSIB on the applicability of the 2024 GI Policy 16-02-11 in this appeal.
TCO counsel submitted that the 2024 GI Policy does not apply retroactively based upon the plain reading of the policy. However, TCO counsel advised that should the Panel find the 2024 GI Policy has, in effect, "overruled" the 2004 GI Policy, the Panel may consider whether the WSIB acted within its authority when setting the limits on retroactivity in the policy. If not, the Panel could find that the 2024 GI Policy is applicable to this appeal. TCO counsel also suggested that the Panel could request additional information from the WSIB on its decision to exclude cases where an appeal has been filed with the WSIAT from the application of the 2024 GI Policy.The Panel has requested further information from the WSIB before ruling on the applicability of the 2024 GI Policy in this appeal. The retroactivity provision of the 2024 GI policy is novel in that there is a "No Tribunal Appeal filed" requirement. The 2024 GI Policy applies if "a notice of appeal of the final decision has not been filed with the Workplace Safety and Insurance Appeals Tribunal." WSIAT decisions on retroactivity have not considered a similar circumstance where the WSIB has updated a policy to have retroactive effect, but has excluded from that retroactivity a subset of cases where an appeal has been filed with the WSIAT.