- Access to worker file, P. D. (issue in dispute) (relevance)
The issue under appeal was whether the employer had a right of access to the worker's file at the WSIAT under Practice Direction #3, "Consent for the WSIAT to Release a Worker's Information."
The Vice-Chair allowed the appeal, in part.The worker was appealing the ARO's decision of July 23, 2024, which determined that the worker was entitled to LOE benefits from November 16, 2017, to February 4, 2019, and from June 8, 2020. There was evidence of significance of an issue in dispute. With respect to information from the Canada Revenue Agency as well as medical reports concerning a separate work-related accident experienced by the worker in 2014, the Vice-Chair found that neither of these sections and reports were relevant to the employer's appeal as they did not provide any information in relation to the worker's absence from work from 2017 to 2019, and from 2020. The Vice-Chair found that this information should be deleted from the case materials prior to releasing these materials to the employer. The employer was entitled to access of the worker's claim file with the exceptions of the deletions outlined.