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Whether a work-related traumatic brain injury was a significant contributing factor in the development of Alzheimer's Disease.
Reconsideration request based on substantial new evidence for COPD and the development of lung cancer.
Suitability of modified work where there is increased walking due to COVID-19 protocols.
Whether regular mental health checks to manage a worker’s pre-existing depression is a pre-existing condition for SIEF relief for ankle injury.
Considering productivity in determining whether modified work is suitable.
Application of Personal Care Allowance policy to agency and non-agency attendants and determining rate of payment.
Calculating most recent earnings where concurrent employment ceased due to participation in WT plan.
Tribunal’s jurisdiction to approve section 63 agreements.
Whether non-resident truck driver passing through Ontario at time of accident had a substantial connection to Ontario in right to sue application.
Defining a “clinical determination” when distinguishing between work-related and non-work-related impairments under OPM Document No. 15-06-08.
Transfer of costs and contributory negligence – assessing an employer’s common law duty of care with consideration of contractual agreement and Occupiers’ Liability Act (OLA).
Whether the worker's compensable COPD made a significant contribution to their ischemic stroke and death.
Whether the presence of pleural plaques could be used to determine the accident date for the onset of compensable mesothelioma.
Three events found to be objectively traumatic under TMS policy including escaped boa constrictor in the workplace, threat of physical assault and witnessing aftermath of assault on co-worker.
Considering limitations from workplace injury and worker's perception of relationship with employer in determining entitlement for Chronic Mental Stress.
Determining entitlement for a non-professional escort (NPE) to medical appointments and distinguishing this from a Personal Care Allowance (PCA).
Providing notice of downside risk that becomes apparent after a worker’s testimony is completed with respect to LOE quantum issue.
Whether change in shift makes modified work unsuitable.
Concussions – defining an “impulse injury” where there was no direct impact to the head.
The length of time a worker was in a job share agreement is relevant in its exclusion from long-term average earnings basis calculation.
Clarifying the legal test for the application of a fatal claim premium adjustment and determining whether this violated an employer’s Charter rights.
Calculation of long-term earnings basis and whether CERB payments due to COVID-19 shutdown represented a non-earning period.
Determining entitlement for Multiple Chemical Sensitivity (MCS) which has no objective diagnostic test.
Applying section 53(3) in light of Merits and Justice policy in calculation of hotel worker’s earnings basis where using reduced pre-injury hours due to renovations was unfair.
Considering a worker's individual characteristics when applying an objective standard to determine whether the worker experienced a substantial work-related stressor.
Interpretation of the word "presumed" by a medical professional and its implications for finding of causation.
Whether travel expenses to a suitable job in a further location can be reimbursed under Travel and Related Expenses Policy.
Determining the average earnings for a food delivery driver when there was a spike in earnings during the COVID-19 pandemic.
The final review of a worker’s LOE benefits occurs 72 months after the date of the accident, not the end of the 72nd calendar month.
Reconsideration – whether an employer was appropriately provided with notice of the appeal.
Entitlement criteria for commutation of Loss of Earnings (LOE) benefits in light of CPP offset.
Right to sue – whether a family member performing activities for a family farming business is considered a “worker”.
SIEF – determining whether worker’s vulnerability to PTSD was based on childhood trauma that was “repetitive.”
Consideration of whether a 3-hour drive constituted a reasonable commute in determining suitable modified work.
Right to sue – whether a respondent’s civil claim for special damages associated with constructive dismissal is allowed to proceed.
Discussion of CMS policy section that workplace harassment must be conduct “against a worker” to qualify for CMS entitlement.
Entitlement as a second accident for vertebral fracture resulting from chiropractic treatment of a work-related condition.
Suitable employment must be “safe” for worker and others, including worker’s students.
Determining whether a U.S. actress injured while filming in Canada was a worker under Ontario law.
Determining suitable occupation and LOE entitlement for a SAWP migrant worker residing in Jamaica.
Considering physical and psychological impairments including the need for emotional support in ordering a reassessment of a worker’s personal care allowance (PCA).
Time for a post-72 month LOE review leading to a CPP offset.
Discussion of an employer’s duty of confidentiality, possible conflict of interest in dual role, and what is relevant when releasing third party information in an access appeal.
Determining entitlement for meal expenses under Merits and Justice policy when self-represented worker was unaware of the need for Board prior approval.
Reconsideration decision finds that the interpretation of the "Cancers in Firefighters and Fire Investigators" policy and its rebuttable presumption was reasonable.
Discussion of employer’s re-employment obligation under section 41 of the WSIA in conjunction with co-operation obligations in ESRTW process.
Decision on the merits for entitlement under OPM Document No. 17-01-10, “Cannabis for Medical Purposes” for non-designated condition of PTSD.
Employer-mandated change in footwear considered part of a work-related injuring process causing a disablement injury.
Application of legislation in place of non-binding Board Practice Document in determining entitlement to psychological maintenance treatment.
Application of intervening cause principle to a subsequent non-compensable medical condition.
Relevance of worker's healthcare records in determining employer access where the worker's entitlement to psychological condition is in dispute.
Consideration of Somatic Symptom Disorder exception under updated CPD policy or psychotraumatic disability policy when pain is not the predominant symptom.
Determining entitlement for post-traumatic deformity of the foot after surgery.
Consideration of commitment to succeed in modified duties when determining whether employment was suitable.
Agent Orange as a triggering agent in the development of relapsing polychondritis (RPC).
Entitlement to Traumatic Mental Stress (TMS) where worker’s exposure to traumatic events resulting in PTSD was not first hand.
Consideration of a special dispensation of a diploma in assessing a Suitable Occupation.
Entitlement for a topical analgesic not listed in the Board’s drug formulary.
Whether the instrument of added peril exception removes a worker from the course of employment for an MVA occurring prior to the start of a shift.
Determining whether myocarditis resulting from a COVID-19 vaccination not strictly mandated by employer occurred in the course of employment.
Whether childhood asthma constituted a pre-existing sensitivity to allergens for SIEF purposes where the worker had allergic contact dermatitis.
Determining entitlement under OPM Document No. 15-04-05, "Premature Termination of Pregnancy," and the thin-skull doctrine.
Determining whether a sexual assault which occurred at an after hours social event was in the course of employment.
Factors considered by the Chair in granting an extension of time to file a right to sue reconsideration request.
Discussion of factors for entitlement of an aggravation of a condition.
Tribunal's policy referral clarifying procedural requirements under section 47 of the WSIA for the participatory rights of workplace parties in the NEL assessment process.
Exposure to trichloroethylene established as a risk factor for renal (kidney) cancer.
Whether the Tribunal has discretion to grant a time extension to a First Responder for the late filing of a PTSD claim under the section 14 transitional provisions.
Right to sue – executive officer exception does not supersede application of the organizational test for independent operators where the individual is a one-person corporation.
Determining entitlement to an ATV as “hobby equipment” for a severely impaired worker as an independent living device.
Entitlement criteria for damaged prescription eyewear under OPM Document No. 17-07-01.
Distinction between risk factor and medical condition in SIEF entitlement.
SIEF – determining the severity of an accident where a First Responder was routinely exposed to objectively traumatic incidents at work.
Challenge to legislative obligation to apply AMA Guides 3rd edition (revised) in rating NEL awards.
Determining entitlement for medication prescribed as part of a drug regimen to treat a cluster of respiratory conditions.
Consideration of notice to the other party when determining whether to proceed with determining jurisdiction over implicit issue.
Determining permanent impairment entitlement for cranial nerve palsy when there is overlap with symptoms of traumatic brain injury.
Right to sue application – an executive officer cannot be deemed a worker without express declaration and informed consent.
Considering relative risk in hypopharyngeal cancer.
Interpretation of time limits for filing a claim under the transitional provisions for chronic mental stress.
Whether an incorrect date of appeal deadline in a decision letter renders it void where there is a lengthy delay in filing an appeal.
Looking at Charter values in relation to family status and sex when considering whether a worker was voluntarily under-employed.
Determining the threshold for exclusion of expert evidence when redactions to worker’s health care information provided to expert were incomplete.
Entitlement for dental decay as a secondary condition caused by compensable frequent vomiting.
LOE entitlement and requirement to mitigate in a hostile workplace environment.
Continuing entitlement for psychotraumatic disability where the precipitating physical injuries have resolved.
Entitlement to prostate cancer based on exposure from firefighting and chemicals from cleaning firefighting gear without PPE.
Whether firefighter presumption applies to entitlement for Chronic Myelomonocytic Leukemia (CMML).
Application of the merits and justice provision to the payment of retroactive interest payments on permanent disability arrears.
Assessing the exposure guidelines from Adjudicative Advice document in determining entitlement for Chronic Obstructive Pulmonary Disease (COPD).
Whether managing difficult customers in a casino caused chronic mental stress.
Evaluating the provision of a radio in determining whether work is safe and suitable for a worker dealing with aggressive students.
Jurisdiction of Tribunal to deal with employer access to general records under section 58 rather than health records under section 59 of the WSIA.
Calculating the average earnings for a worker with concurrent employment as a volunteer firefighter under OPM Document No. 18-02-08.
Earnings basis for non-permanent employee in accordance with Board policy where no exceptional circumstances were present.
Workers of Seasonal Agricultural Worker Program (SAWP) entitled to LMR services and LOE benefits beyond 12 weeks based on their local labour market.
A bonus or increase in a worker's earnings after the 72-month lock-in date does not affect amount of LOE benefits already locked in.
Re-calculating the average earnings of a student injured while working at an unpaid co-op as of the expected completion date of the training program.
Entitlement for knee disablement injury due to repetitive high stepping.
Entitlement for aggravation of pre-existing condition due to increased workload and at-home workstation design during COVID-19.
Whether a temporary employee injured on employer’s premises after arriving early to put on PPE is considered in the course of employment.
Application of OPM Document No. 15-03-09 "Weather Conditions" in claim for frostbite.
Whether drug addiction is reasonably incidental to worker's employment as an undercover police officer.
Whether a pre-disposition or risk factor qualifies as a pre-existing condition for SIEF relief.
Whether a clinical report is sufficient to determine entitlement for out-of-province health care treatment under OPM Document No. 15-06-07.
Evaluating permanent impairment entitlement for a hernia when the worker is not a candidate for surgical repair.
Suitability of SO and COVID-19 impact on job availability in determining LOE entitlement.
Discussion of the need to provide meaningful submissions on substantive issue in written appeal.
Consideration of whether an intention to complete a personal errand after work removes a worker from the course of employment.
Denial of LOE entitlement after failure to receive COVID-19 vaccine results in termination.
Whether barriers in securing employment were due to COVID-19 pandemic or work-related occupational restrictions in determining LOE entitlement.
Entitlement to expenses for self-directed training courses.
Whether a normal pregnancy constitutes a pre-existing condition under the SIEF policy.
Whether a section 31 application should be scheduled pending a Wagg motion compelling Crown disclosure.
Considering scientific certainty in evaluating epidemiological evidence in a claim for brain cancer.
Entitlement to the costs of medical marijuana purchased through a compassion club.
Failure to cooperate in ESRTW, resulting in financial difficulty, as an intervening event in psychotraumatic disability entitlement.
Considering the definition of “manifest” in the context of the five-year requirement for entitlement to psychotraumatic disability.
Determining what is "objectively traumatic" under Traumatic Mental Stress policy.
Determining the NEL rating for an arthrodesis procedure of the wrist when some range of movement is present.
Whether an interested party can provide objective expert evidence.
Entitlement to benefits for a stapes fracture of the ear and associated surgical repair.
Consideration of youth, geographic location, seriousness of injury and potential intellectual disability in determining a time extension application.
Whether proposed defendants not included in a filed civil action can participate in a section 31 application.
Disablement claim due to increased tasks as a result of COVID-19 pandemic.
Evaluating alcohol use as a pre-existing disability in a SIEF claim; consideration of serious and wilful misconduct (section 17) is addressed in initial entitlement not SIEF.
Entitlement for occupational disease for solvent-induced encephalopathy due to work as a watchmaker.
Atrial fibrillation as a secondary condition to a compensable heart surgery.
Whether injury resulting from hazard in the workplace is compensable where initial loss of consciousness and fall resulted from non-compensable seizure.
Which disorders of the knee under Table 40 allow for impairment rating to be combined with an impairment rating for abnormal motion under Table 39.
Threat of harm from a falling structure, leading to psychological diagnosis, is sufficient to qualify for Traumatic Mental Stress (TMS) entitlement.
Determining entitlement to Loss of Earnings (LOE) benefits for a worker working illegally in Canada at the time of accident.
Tribunal’s jurisdiction to compel production of a deceased worker’s information from a Ministry covered under FIPPA.
Time extension considerations in an employer cross-appeal.
Transfer of costs on the basis of claimed negligent misrepresentation of a product by the wholesaler.
Rebuttal of 'arising out of the course of employment' in traumatic mental stress claim where conflict during work hours is due to personal relationship.
When Tribunal should exercise its authority to use its investigative powers in obtaining or transcribing additional evidence.
Whether pre-existing psychological conditions prolonged or enhanced worker's recovery in SIEF claim.
Costs in occupational disease claim - no authority under the WSIA for apportionment of claim costs between Schedule 2 and Schedule 1 employers.
Determination of accumulated investment income for purposes of retroactive contributions to loss of retirement income fund.
Criteria for entitlement to section 147(4) supplementary benefits following retirement under OPM Document No. 18-07-10.
Entitlement for interstitial lung disease - workplace exposures contributing to the development of one disease does not necessarily mean that they contributed to another disease.
Right to sue application – executive officer as plaintiff – out of province workers’ compensation claim.
Tribunal’s jurisdiction to order the production of documents in a right to sue application.
The contribution to a worker’s loss of earnings by an external event, the COVID-19 pandemic, does not exclude LOE entitlement.
Osteopathy treatment no longer covered under OPM Document No. 17-01-02.
Authority of worker's widow to represent the estate where there was no will and potential beneficiaries had not been notified.
Whether excessive force with patient amounted to a fight where worker took herself out of employment or amounted to serious and willful misconduct.
Health care - maintenance treatment - vehicle modification versus vehicle purchase.
LOE entitlement ceases when worker is no longer impaired as a result of injury (section 43(1)(d)).
Full LOE entitlement maintained when RTW start delayed due to temporary impact of non-compensable medical appointments.
Initial entitlement for an adverse reaction to the COVID-19 vaccination under OPM Document No. 15-04-10.
COVID-19 pandemic and LOE entitlement following permanent work disruption.
Reconsideration of NEL rating on the basis that evidence used did not reflect worker's condition at MMR.
Reconciling "exceptional circumstances" language for permanent impairment entitlement under the Psychotraumatic Disability policy with the standard of proof.
High degree of industry regulation does not necessarily reflect a “degree of control” in determining if an individual is a worker or independent contractor.
Provision of funding and staff from another entity is not sufficient to create an employment relationship with that entity.
Is there an obligation to advise a sole proprietor/worker of personal coverage options under OPM Document No. 12-03-02?
Consideration of Frontotemporal Dementia as a secondary condition resulting from a traumatic brain injury.
In the course of employment - attendance at a union professional development program.
Criteria for domestic workers/attendants to be considered “dependent contractors” for the inclusion of concurrent earnings in earnings basis.
Determining the separate NEL ratings for both a worker’s psychological/emotional impairment and the organic effects of a brain injury under the AMA Guides and OPM Document No. 18-05-11.
Distinction between an employer's re-employment obligation and worker's entitlement to LOE following termination.
Whether merits and justice provision applies to a CPP disability off-set where there is retroactive entitlement to a Loss of Earnings (LOE) benefit after the 72-month lock-in date.
Evaluating the reliability of an expert medical report in the context of the Ferreira decision.
Remuneration or paid mileage is not determinative of whether a sole proprietor/worker is in the course of employment.
Determining contribution to the purchase price of a new home in lieu of home modifications under OPM Document No. 17-06-08.
Determining retroactive entitlement to a Guide and Support Dog Allowance.
Exceptional circumstances for allowing a discretionary rating under the AMA Guides for a NEL.
Non-cooperation with a workplace violence and harassment investigation as an intervening event in determining LOE entitlement.
Whether use of medication which prolongs/enhances a disability is considered a pre-existing condition for SIEF relief.
Defining an “appropriate clinical assessment” and dosage requirements for medical cannabis entitlement under OPM Document No. 17-01-10.
Whether the subsection 28(4) exception applies to a snowmobile rental during a guided tour in a right to sue application.
Determining entitlement criteria for an orthopaedic/hospital bed under the pre-1997 Act and OPM Document No. 17-06-03.
Including initial entitlement as a sequential issue in a section 22 time limit extension.
Consideration of a worker’s family history as a pre-existing condition for SIEF relief after witnessing the events of a suicide.
Conversion of a permanent disability (PD) rating to a Non-Economic Loss (NEL) rating.
Delay as a factor in considering reconsideration threshold test.
Whether delayed treatment due to anxiety about wearing face mask amounts to non-cooperation.
Equipment must form part of the chain of causation in an injury for section 28(4) exception to apply in a right to sue application.
Whether counsel of record for a party in a civil action is also counsel of record in right to sue proceedings related to that action.
Time for review under section 44(2.1)(g)(i) - cooperation with ESRTW.
Whether re-employment obligation applies to a termination when employer is unaware of injury.
The number of hours spent performing accommodated work with rest breaks may not equate to the hours of work a worker is capable of performing in an SO.
Consideration of objection to inclusion of Medical Discussion Paper and whether expert witness should be summonsed.
Consideration of Board's written direction following Tribunal's referral for review of policy regarding Cancer in Firefighters and Fire Investigators.
Determining the Independent Living Allowance (ILA) arrears date when a worker becomes eligible due to psychotraumatic disability.
Fainting as a chance event and rebuttal of presumption under section 13.
Wooden platform is not divisible from the mast-climber and considered part of the machinery as contemplated by section 28(4) in a right to sue application.
Entitlement for LOE when worker exceeds age restriction under section 43(1)(b).
A worker granted entitlement for strain injuries arising from the use of an ergonomically unsuitable workstation at home during the COVID-19 pandemic.
Time limit for filing of chronic mental stress claim under section 13.1(5) can be extended if extenuating circumstances exist.
Whether participation in medical rehabilitation qualifies for CPP-D offset exception, and whether section 126 affects Tribunal jurisdiction over recoverability of overpayments.
Meaning of "objectively traumatic" in Traumatic Mental Stress policy.
Entitlement to Commutations of Pensions under the pre-89 Act.
Section 126(4) Board Referral of OPM Document No. 18-05-03, Determining the Degree of Permanent Impairment, on the basis of inconsistency with the Act.
Sufficiency of detail about specific duties in suitable work offer.
Non-earning periods of a job sharing program constitute a break in the employment pattern, and are factored out in earnings basis recalculation.
Sole proprietor carrying on business in construction under section 12.2 is considered a worker and an employer in a right to sue application.
Entitlement for a recurrence of PTSD due to hyper-arousal from increased commute.
What is considered "continuous and repetitive" exposure under Gastro-Intestinal Cancer - Asbestos Exposure policy.
Whether concurrent earnings from self-employment with no optional insurance can be included in a long-term earnings basis calculation.
Defining "negligence" in a transfer of costs claim where a worker was granted entitlement for traumatic mental stress after witnessing an MVA.
Factors to be considered in a time limit extension to file a claim under section 22.
Distinction between “obese” and “morbidly obese” in determining entitlement to SIEF relief.
Consideration of workplace parties' cooperation obligations to maintain communication with each other during ESRTW.
Entitlement to travel and escort expenses to pick-up medication from pharmacy.
Distinguishing hearing loss “notch” from “cookie bite” pattern in audiogram when determining cause of noise induced hearing loss.
An action for a breach of the duty of good faith and Human Rights Code, in termination by employer, is not statute-barred in right to sue application.
Seasonal Agricultural Worker Program (SAWP) batch appeal; observers, expert testimony and WSIB amicus curiae submissions.
Determining whether worker is a “student” prior to the start of a college program, and calculation of average earnings for LOE benefits.
Worker’s dependence on family members is considered an exceptional circumstance for entitlement to an ILA and PCA.
Entitlement for PTSD under presumption for First Responders.
Entitlement for a cardiac event due to unusual physical exertion caused by heat and humidity.
Right to sue for an injury occurring during employer-mandated overnight trip against the owner of the premises in their personal capacity.
Temporal and contextual factors to be considered in Traumatic Mental Stress (TMS) claim where incident was not witnessed first-hand.
Whether pleural plaques is a rateable functional impairment.
Interpretation of statute and regulation in determining earnings basis for apprentice.
Whether a safety violation or breach of employer policy removes a worker from the course of employment.
Whether government entities are a separate legal entity from the provincial Crown in a right to sue application.
Weighing intoxication against work-related factors in determining whether a worker was in the course of employment.
Whether learning disability enhanced or prolonged the work-related disability for SIEF entitlement.
Considering surveillance evidence in psychotraumatic disability claim where worker has returned to work.
Application of OPM Document No. 15-03-13, “Posttraumatic Stress Disorder in First Responders and Other Designated Workers."
Distinguishing symptomology and progression of metastatic renal cancer from mesothelioma.
Whether "friend exemption" applies for a representative who has a business relationship with a party.
Identification of three categories of cases in which resignation or retirement is not a bar to LOE entitlement.
Six month time limit to appeal triggered by Board reconsideration decision, not original decision, when significant new evidence is considered.
Rounding to nearest 5% for ROM ratings in AMA Guides.
Distinguishing interpersonal conflict versus workplace harassment in Chronic Mental Stress (CMS) claim.
Entitlement for bronchiectasis on disablement basis.
Employability for labourer with limited transferable and job search skills.
Jurisdiction over section 30 provisions (election) in right to sue application.
Time extension application after appeal deemed abandoned under Practice Direction "Closing Appeals by the Tribunal".
Time extension request by estate of deceased unrepresented worker, with interconnected case, under Merits and Justice policy.
Child protection worker - entitlement for Chronic Mental Stress (CMS) based on nature of occupation and predominant cause test.
NEL award for Hand-Arm Vibration Syndrome (HAVs) to include neurological results of Current Perception and Purdue Pegboard Tests.
Wrongful dismissal - right to sue Schedule 1 employer and Interested Party (employee) for damages for intentional infliction of mental distress.
Entitlement to home modification - deck construction and hot tub relocation.
Casino card dealer - entitlement for trigger finger.
Confirmation of the constitutional validity of section 43(1)(c) of the WSIA in regard to worker’s age.
Evaluation of psychotraumatic disability and clarification of sub-ranges for Class 4 marked impairment category.
Consideration of the rate of incidence of cancer in employer’s facility in determining entitlement for brain cancer.
Surgical tooth extraction resulting in correction of dental issues, and entitlement for NEL.
Permanent impairment for nasal fracture and resulting dyspnea.
Classification of employer under the North American Industry Classification System (NAICS).
Calculation of actual earnings in variable and commission-based occupation for final LOE review.
Entitlement to hydrotherapy in the form of a home swim spa under “Home Modification” policy.
Right to sue in accident occurring while socializing at employer’s premises after hours.
Entitlement criteria for recreational vehicle (RV) under “Vehicle Modification” policy.
Right to sue for defamation and punitive damages arising out of wrongful dismissal action.
Suitability of modified work where no objective benefit to employer's business.
Entitlement for "occasional day off" under recurrence policy.
Limitations regarding quality of surveillance video footage in determining accident occurrence.
Removal of “acute reaction” requirement to Traumatic Mental Stress policy.
Entitlement for service therapy dog for PTSD on the Merits and Justice.
Right to sue applications, abuse of process arising from delay in civil proceedings, and acceptance of facts in Statement of Claim.
Whether the workplace significantly contributed to Alcohol Use Disorder (AUD).
Notice to SABs insurers in right to sue applications.
Adjournment due to extensive documentation filed at the three week rule.
Risk of Hepatitis C infection, and entitlement for Chronic Mental Stress and Traumatic Mental Stress.
Interpretation of transitional supplements under section 147(4) of the pre-1997 WCA.
Injury while walking as chance event.
Adjournments and parallel proceedings.
Entitlement to benefits for serious injury resulting from worker-initiated altercation.
Onset of cellulitis infection without a disruption or break in the skin barrier.
Availability of suitable employment during COVID-19 lockdown.
Whether a NEL award can be reduced due to pre-existing asymptomatic condition.
Worker’s right to sue over mental stress arising from termination.
The experience of pain symptoms versus a worsening of underlying pathology.
Entitlement to LOE benefits for parental leave.
Present value calculation of interest on permanent disability award.
Workplace sexual harassment and criteria for Chronic Mental Stress (CMS) entitlement.
Alternative diagnoses to Multiple Chemical Sensitivity (MCS).
Entitlement for serious impairment or death under section 17 of the WSIA following worker's serious and willful misconduct.
Criteria for Myocardial Infarction entitlement.
Entitlement for stress-induced Cardiomyopathy & Peripheral Neuropathy as a result of Influenza A.
Definition of “work reintegration activity” as exception to CPP offset policy.
Recreational farm activity of worker as suitable occupation.
Recalculation of FEL earnings basis for a minor and anticipated earnings.
Suitability of modified work, travel, and COVID-19 protocols.
Epidemiological evidence and the evaluation of carcinogenic risk.
Tribunal jurisdiction over deceased worker and FLA claimants' right to sue.
Repetitive strain injury entitlement without established diagnosis.
Exceptional circumstances allowing retroactive change to employer classification.
Whether retired paralegal came within exemption for a friend.
Interpretation of disc "lesion" under AMA Guides.
Implicit jurisdiction, deemed denial and health care.
Entitlement to home modification on a "more than once-only" basis.
Noise-induced hearing loss and responsible employer.
Exceptional circumstances for extending time for filing a claim.
Traumatic mental stress and employer actions.
Traumatic mental stress and whether it arose out of and in the course of employment.
Referral to Board for review of policy regarding Cancers in Firefighters and Fire Investigators.
Entitlement to LOE benefits considering surgery, resolution of injury, and credibility.
Entitlement for CPD where pain is in both compensable and non-compensable areas.
Use of the statutory minimum for partial LOE.
Board policies on vehicle modifications and support dogs.
Psychotraumatic disability and suicide as a consequence of injury.
Reliance on Board Policy and Practice Documents versus other content on Board website.
Reimbursement for union dues or private health insurance premiums as healthcare benefits.
Right to Sue - Section 29 and Pre-existing Conditions
Entitlement for influenza.
Gastroesophageal junction cancer and asbestos exposure.
Severity of accident for SIEF entitlement.
Determination of worker's right to sue where action not brought by worker's estate, survivors, or dependents.
Recalculation of long-term earnings basis to include overtime.
Entitlement to reimbursement for medical marijuana purchased before and after March 1, 2019.
Adjournment due to COVID-19 restrictions.
Entitlement for cannabis under Board policy.
Accident date in occupational disease claim.
Failure to report material change.
Fainting - statutory presumption - added peril.
Personal Care Allowance for attendant while travelling to social activity.
Distinction between new evidence and reply evidence on reconsideration.
Tribunal jurisdiction over sequential issue.
Chronic mental stress and interpersonal conflict.
Loss of earnings after termination for cause.
Suitable occupation and surveillance evidence.
Meaning of "repetitive" in Carpal Tunnel Syndrome Medical Discussion Paper.
Entitlement for mallet finger and swan neck deformity.
Entitlement for flat feet.
In the course of employment – access roads.
Entitlement for pleural plaques.
Exposure to herbicides; lung cancer.
Entitlement for adverse effects of a vaccine.
Employer’s re-employment obligation and worker non-cooperation.
Predominant cause in chronic mental stress policy and mootness doctrine.
Entitlement to second LMR plan.
Entitlement for myofascial pain syndrome on an organic basis.
Entitlement for sarcoidosis due to mold.
Traumatic mental stress and thin skull principle.
In the course of employment - social event.
100% SIEF cost relief.
Implicit jurisdiction.
Suitability of offer of modified work at home.
Right to sue - contemporaneity of actions of workers of two employers.
Burial expenses - travel to funeral.
Determination of relevant employer for application of the fatal claim premium adjustment policy.
Cumulative effect of pre-existing conditions in determining SIEF relief.
Time extensions - effect of suspension of limitation periods during COVID-19.
Request for reconsideration arising from subsequent Board decision.
In the course of employment - personal activity.
Significant contribution of compensable accident to death.
Entitlement to medical marijuana for treatment of PTSD.
Right to sue applications: exceptions for lessors under s. 28(4) WSIA.
Jurisdiction of Tribunal over access to non-medical documentation in worker's file.
Determination of applicable version of Board policy for pre-existing condition.
Weighing medical evidence following Ferreira v. Workplace Safety and Insurance Appeals Tribunal.
Use of Board industry questionnaires for determining worker or independent operator status.
Statutory interpretation principles and meaning of "principal residence" in home modification policy.
In the course of employment - parking lots and instruments of added peril.
Notice of downside risk.
Earnings basis for dependent contractor and retroactivity of policy.
Charter challenge to definition of severely impaired worker in ILA and PCA policies.
Arising out of employment - reasonably incidental activity.
Whether to adjust LOE benefits due to post-accident non-work related changes in circumstances.
Statutory presumption and seizures.
Admissibility of summary of proceedings under the Regulated Health Professions Act.
Worker's request to withdraw appeal pursuant to agreement between worker and employer.
Aggravation Basis policy and initial entitlement.
Tribunal's jurisdiction in claim for traumatic mental stress and chronic mental stress.
Approach to use in determining entitlement to LOE following termination of employment.
Consideration of entitlement to interest on payments arising out of a legislative amendment in a pre-1990 claim.
Transfer of costs and negligence.
Chronic Mental Stress policy and credibility.
Standing of insurer that was not respondent's insurer to bring right to sue application.
Chronic mental stress and exceptions for decisions or actions of employer and interpersonal conflicts.
Use of written report of video surveillance evidence in determining breach of re-employment obligation.
Procedural directions for batched appeals regarding suitable and available employment for workers under Seasonal Agricultural Workers Program, including Charter and human rights issues and participation of intervenors and amicus curiae. See also Decisions No. 1170/20I, 1171/20I, and 1172/20I.
Whether worker's surviving spouse was entitled to home modifications as part of LMR under section 48 of WSIA.
Consideration of whether costs for occupational disease claim could be apportioned between accounts of single employer whose status changed from Schedule 1 to Schedule 2 during period of exposure.
Whether NEL adjustment resulting from Board-wide NEL remediation process constituted NEL redetermination.
Whether Tribunal had jurisdiction to deal with issue of suitability of SO in appeal of LOE benefits at final review.
Entitlement for opioid dependency.
Learners and unpaid trainees under the WSIA.
Use of uninsured income from pre-accident self-employment to mitigate wage loss, and appropriateness of pre-accident self-employment as a suitable occupation.
Whether premiums should be reimbursed following cancellation of personal coverage.
Status of an executive officer who was performing duties of a worker at the time of an accident.
Consideration of entitlement for chronic mental stress resulting from co-worker’s unauthorized tracking and recording of worker’s movements.
Entitlement to medication not listed on Board's drug formulary.
Medical evidence necessary to establish severity of pre-existing conditions for SIEF relief.
Drug treatment and legitimate reasons for non-cooperation with LMR program.
Onus of proof in Board and Tribunal proceedings; consideration of entitlement and re-employment obligations following incarceration of worker.
Application of Coverage for part of an operation section in Employer by Application policy.
Effect of failure to list issue on Appeal Readiness Form; procedure on reconsideration of abuse of process decision.
Whether NEL award should be reduced for preexisting knee arthritis under Table 40 of the AMA Guides.
Consideration of chronic obstructive pulmonary disease threshold and apportionment for smoking.
Time limits for filing evidence and Confirmation of Appeal and issue estoppel.
Classification of construction company with associated development company and classification of insurable earnings under various contracts.
Consideration of distinction between chronic pain disability and fibromyalgia.
Consideration of ongoing entitlement for psychological treatment.
Whether licensing fees introduced after completion of a labour market re-entry program should be reimbursed.
Whether a right of action was taken away regarding injuries for which workers' compensation benefits would not be available.
Functional abnormality in the absence of documented loss of range of motion.
Discussion of the Tribunal's Early Intervention Program (EIP).
Consideration of entitlement for an injury by chance event.
Consideration of entitlement for chronic mental stress.
Consideration of air conduction and bone conduction values for sensorineural hearing loss.
Whether the Tribunal is required to provide notice of downside risk in an SIEF appeal.
Tribunal jurisdiction over elections in a right to sue application.
Whether a Schedule 2 employer was responsible for the costs of a claim.
Examination-in-chief of the worker in an employer appeal.
Rating of post-traumatic stress disorder under the Board policy for psychotraumatic disability.
Entitlement to review of the additional amount under s. 147(14) of the pre-1997 Act.
Consideration of the assessment year to which a retroactive experience rating adjustment should be applied.
Determination of accumulated investment income for purposes of retroactive contributions to loss of retirement income fund.
Calculation of the earnings basis for determination of survivor benefits.
Jurisdiction of the Tribunal over administrative decisions of the Board.
Determination of whether a Charter challenge was moot.
Consideration of employer classification and ancillary workers.
Consideration of the standard of proof for survivor benefits entitlement.
Entitlement of employer to 0% SIEF relief.
Classification of employer with business activities in Schedule 1 rate groups with compulsory and non-compulsory coverage.
Consideration of the jurisdiction of the Tribunal to consider sequential issues.
Questioning of the appellant worker by the vice-chair hearing the appeal.
Whether release of a leading case on an issue was grounds for reconsideration of a decision.
A decision considering the transitional provisions in the WSIA respecting referrals of mental stress cases
Consideration of entitlement for cannabis under Board policy.
Determination of the earnings basis of an apprentice.
Whether the Tribunal should pursue an application for reconsideration on its own initiative after the applicant declined to continue with the application.
Consideration of entitlement for traumatic mental stress as a result of a sexual assault.
Adjudication of a mental stress case after referral back to the Board under amendments to the WSIA.
Jurisdiction over time limit issue implicitly dealt with by the Board.
Consideration of claimed expert opinion referred to only in submissions.
Whether the right of action was taken away against an employer that transferred from Schedule 2 to Schedule 1.
Whether work was for purposes of an employer's industry.
Role of expert medical opinion.
Whether the right of action was taken away regarding an accident in an aircraft while working out of Ontario.
Procedure when there is a Charter issue; procedure when an applicable Board policy was not included in Board policy package.
Whether a type III acromion was a pre-existing condition for SIEF purposes.
Consideration of weight to be given to surveillance evidence.
Procedure for determining the appeal to be suitable for an in-person hearing during COVID-19.
Consideration of an objection to the COVID-19 hearing format selected by the Tribunal for the appeal.
Comparison of Board policies on recurrences and pre-existing conditions.
Entitlement for recurrences under different Board policies.
Apportionment of costs between Schedule 2 employers. Cost of an independent living allowance and personal care allowance flowing from a secondary condition are to be charged to the original accident employer.
Whether an emergency services dispatcher had entitlement for traumatic mental stress.
Whether the worker had entitlement for psychotraumatic disability as a result of a traumatic brain injury.
Consideration of entitlement for surgery out of Ontario.
Whether a worker's death resulted from a compensable injury.
Whether, in the circumstances, obesity and smoking were pre-existing conditions for purposes of SIEF relief.
Application of the merits and justice to the Board's Fatal Claim Premium Adjustment policy.
Classification of security services provided by an employer in a by-application industry.
Consideration of entitlement following termination of employment.
Consideration of an objection to the COVID-19 hearing format selected by the Tribunal for the appeal.
Whether a decision of the College of Physicians and Surgeons of Ontario regarding a doctor is admissible in a Tribunal appeal.
Consideration of entitlement for traumatic mental stress.
Payment of rent differential as a health care measure.
Review of prior Tribunal case law and criteria of entitlement for medical marijuana, prior to introduction of Board policy.
Adoption of broad interpretation of jurisdiction over issues on appeal.
Consideration of a right to sue application regarding an action in Ontario concerning an accident the occurred out of Ontario.
Whether a decision gave sufficient reasons regarding consideration of evidence.
Whether an employer was entitled to retroactive adjustment of its experience rating account to reflect SIEF relief.
Consideration of Board policies for Home Modification, Independent Living Devices, and Independent Living Allowance.
Whether an explicit directive memo from an ARO constituted a "decision."
Consideration of air conduction and bone conduction measurements for sensorineural hearing loss.
Osteoporosis arising from medication prescribed for a compensable condition.
Casual workers under the WSIA.
Whether to investigate further and whether to apply the benefit of doubt.
Entitlement for traumatic mental stress granted in a situation of assault occurring in workplace which arose from a domestic dispute.
Whether a plaintiff, who did not have notice of a right to sue application, was entitled to a reconsideration.
Analysis and weight of medical evidence.
Consideration of appropriateness of health care.
Consideration of entitlement for leukemia.
Identification of the accident date and the accident employer in a disablement case.
Determination of a worker's long-term earnings basis.
Entitlement to LOE benefits when a worker was no longer working at the time of compensable surgery.
Consideration of what constitutes constant and debilitating pain for purposes of entitlement for medical marijuana.
Determination of the earnings basis of a worker with short length of employment with the accident employer.
Section 63 agreements between workers and Schedule 2 employers.
Consideration of an employer's entitlement to a retroactive experience rating account adjustment after being granted SIEF relief.
Consideration of an employer's entitlement to a retroactive experience rating account adjustment after being granted SIEF relief.
Whether a worker was entitled to extensions of the time to file an election regarding an accident out of Ontario and the time to file a claim.
Considerations in ordering a Tribunal medical assessor.
Determination of the long-term earnings basis of a dependent contractor.
Consideration of an employer's entitlement to a retroactive experience rating account adjustment after being granted SIEF relief.
A recent case of 50% CPP offset of a LOE award.
SIEF and PTSD.
Consideration of arrears date for an independent living allowance.
Consideration of entitlement for multiple chemical sensitivity.
Whether an accident was a new accident or a secondary condition resulting from an earlier accident.
Consideration of an employer's premises in a multi-storey building.
Determination of whether a claim was active in a particular year.
Whether to refer a claim for mental stress back to the Board.
Whether to use the matrix or the 50% SIEF relief provision in the Board's SIEF policy.
Determination of pre-injury and post-injury earnings of a volunteer firefighter.
Impact of older worker option on the identified SO.
Whether to transfer the costs of a claim to the property manager or maintenance company where an accident occurred.
Whether an employer breached its re-employment obligations when it terminated a worker's employment, and whether the worker was entitled to LOE benefits following the termination.
Consideration of the standard for reconsideration.
A recent decision on pre-existing conditions and pre-accident disabilities under the SIEF policy
Whether there is an obligation to consider prior Tribunal decisions that were not raised by a party.
Earnings basis for a student where prospects of completing education are doubtful
Sustainability of employment where majority of earnings in modified job are tips
Whether there was a conflict of interest in a former Board employee representing the worker.
Consideration of criteria for a recurrence under Board policies.
Consideration of entitlement under Board policies for secondary conditions and recurrences.
Consideration of the medical significance of pre-existing conditions for purposes of SIEF relief.
Determination of LOE benefits at the final review for a worker who was working but not in a SEB-identified job.
Consideration of entitlement for lung cancer for a worker in the rubber industry.
Pension assessment after knee replacement surgery.
Factors in consideration of reduction of a re-employment penalty against an employer.
Consideration of review and reduction of a personal care allowance.
Consideration of the principle of proportionality in determining whether to obtain an independent medical assessment.
Calculation of the earnings basis for a volunteer firefighter.
Whether future costs of a claim should be removed from an employer's NEER experience rating account.
Consideration of entitlement for complex regional pain syndrome and chronic pain disability.
Interpretation of the Board's SIEF policy.
Consideration of entitlement for traumatic mental stress and chronic mental stress.
Consideration of weight of medical evidence.
Consideration of credibility in determining genuineness of chronic pain disability.
Whether offset of LOE benefits by the amount of CPP disability benefits was allowed after the final 72-month review.
Consideration of factors in determining admissibility of an expert report.
Consideration of principles of causation and epidemiological evidence.
Thresholds for entitlement to benefits and to a NEL award for noise-induced hearing loss.
Whether, in the circumstances, the right to sue for wrongful dismissal was taken away.
Consideration of admissibility of certain materials in a right to sue application.
Consideration of entitlement for aggravation of pre-existing calcific tendonitis.
Consideration of Board policy regarding noise-induced hearing loss.
Importance for Tribunal assessor to accept findings of fact made by the hearing panel.
Requirements for conviction under s. 149(2) of the WSIA for willfully failing to inform the Board of a material change in circumstances.
Determination of the arrears date for an independent living allowance.
Determination of the average earnings of a student.
Apportionment of costs of a claim between construction employers.
Eligibility to receive s. 147(4) supplementary benefits under one claim and FEL benefits under a subsequent claim.
Consideration of suitable and available employment for a worker employed under the Seasonal Agricultural Workers Program.
Whether the worker's degenerative disc disease was a disablement related to heavy work.
Rating of COPD under the AMA Guides.
Determination of the severity of an accident for purposes of SIEF relief.
Whether an unlicensed representative should be allowed to represent a worker on the basis of the exemption for a friend.
Whether termination pay received by a worker should be deducted from the worker's LOE benefits.
Interpretation of the term "condition" in the Board's SIEF policy.
Tribunal jurisdiction with regard to NEL reassessments.
Determination of the contents of the Assessor Brief to be sent to a Tribunal medical assessor.
Whether the right of action in Ontario was taken away with respect to an accident out of Ontario.
Standard of proof in workers' compensation proceedings.
Whether a decision gave adequate reasons for preferring of some evidence over other evidence.
Whether there was denial of natural justice due to lack of an interpreter.
Whether an employer appeal of a decision granting a worker entitlement for mental stress should be referred back to the Board.
Whether the worker was entitled to LOE benefits following termination of employment.
Whether a NEL award for chronic obstructive pulmonary disease should be apportioned between occupational exposure and smoking.
Status of an executive officer who was performing duties of a worker at the time of an accident.
Whether plaintiff in a civil case was in the course of employment while travelling to a work site.
Rehearing, after a reconsideration is granted, is on the merits of the appeal.
Whether a person was a common law spouse of a deceased worker.
Determination of the earnings basis of a student, including the date for recalculation.
Whether a paralegal under administrative suspension could act as a representative.
Whether termination of worker's employment, after short-term failure of the worker to co-operate, ended the employer's own obligation to co-operate.
Whether the costs of an occupational disease claim could be apportioned between employers in the circumstances.
Consideration of weight to be given to a medical report.
Whether the worker was entitled to review of LOE benefits after expiry of the 72-month review period.
Consideration of entitlement for Alzheimer's disease as a result of occupational exposure.
SIEF relief, related to worker with post-traumatic stress disability, based on prior vulnerability.
Retroactivity of the offset of LOE benefits by the amount of CPP disability benefits.
Whether reduction of survivor benefits under the WSIA to reflect CPP survivor benefits violated the Charter of Rights.
Extended period of retroactivity of premium adjustment due to lack of full disclosure by the employer.
Whether the worker's death by suicide was a result of a compensable injury.
Whether the Board's Fatal Claim Premium Adjustment Policy violated the Charter of Rights.
Application of the Ontario Rating Schedule for a pension assessment.
Whether an employer was entitled to retroactive adjustment of its experience rating account to reflect SIEF relief granted by the Tribunal.
Whether to admit into evidence a report from a doctor that was obtained without anonymizing the file.
Requirements of Board policy for the older worker option.
Whether FEL benefits could be offset by the amount of CPP disability benefits after the final FEL review.
Determination of LOE benefits for a worker who suffered a post-accident non-compensable impairment.
Transfer of a portion of the costs of a claim from the accident employer to another employer.
Whether a worker was eligible for a FEL determination.
Requirement to apply applicable Board policy.
Whether right of action was taken away regarding legal fees in defending criminal charges.
Requirements for transfer from Schedule 2 to Schedule 1 under s. 74 of the WSIA.
Entitlement to LOE benefits where a worker was not working prior to a deterioration after the final review.
Whether to include certain EI benefits in average earnings, as analogous to a work-sharing or job creation program within Board policy.
Review of LOE benefits after 72 months due to significant temporary deterioration.
Whether an employer appeal of a decision granting a worker entitlement for mental stress should be referred back to the Board.
Entitlement of a firefighter for cancer, when the presumption did not apply.
Whether a widow was entitled to represent the estate of the deceased worker.
Adoption of robust and pragmatic approach to the evidence in order to determine entitlement.
Entitlement to LOE benefits where a worker was not working prior to a deterioration after the final review.
Calculation of LOE benefits for a worker who moved out of Ontario.
Whether a claim for recurrence of mental stress should be referred back to the Board.
Consideration of entitlement to full LOE benefits if an SO has been identified but the worker is co-operating to find a more appropriate SO.
Whether a worker had entitlement for asbestosis, considering Schedule 4 and Board policy.
Application of the presumption for a firefighter with cancer.
Whether a worker who arrived at work early was in the course of employment.
Whether and individual was a learner and, thus, a worker within the WSIA.
SIEF relief in the case of a worker exposed to vibratory hazards.
Consideration of entitlement to loss of earnings benefits after termination of employment.
Whether a worker was entitled to the older worker option.
Whether LOE benefits could be offset by the amount of CPP disability benefits after the final LOE review.
Whether the Board was limited to one LOE review after a significant deterioration of a worker's condition more than 72 months after an injury.
Consideration of surveillance evidence.
Whether to exclude a person from the hearing during other testimony.
Whether a worker had entitlement for a repetitive strain injury.
Whether a NEL award should be reduced due to a symptomatic pre-existing condition.
Purpose of the phrase "subject to statutory review" in the disposition of appeals regarding LOE benefits.
Whether a judicial review of a different Tribunal decision was determinative of the constitutional issue on appeal.
Whether there was a right to sue a Schedule 1 employer regarding acts of omission by its workers.
Whether severance pay received by a worker should be deducted from the worker's LOE benefits.
Consideration of the paralegal licensing exemption for a volunteer representative of a trade union.
Breach of re-employment obligations in the construction industry, and entitlement to payments for up to one year.
Consideration of entitlement to survivor benefits under the pre-1985 Act.
Adequacy of a work transition program.
Whether a mental stress claim should be referred back to the Board pursuant to amendments to the WSIA.
Whether a mental stress claim was pending at the Tribunal, so as to be referred back to the Board in accordance with amendments to the WSIA.
A mental stress claim under the pre-1997 Act was not referred back to the Board under amendments to the WSIA.
Calculation of an employer's premiums and surcharge when migrating from the MAPP experience rating plan to the NEER experience rating plan.
Allocation of costs of a claim for occupational disease.
Consideration of entitlement for a fatal heart condition.
Entitlement to LOE benefits where a worker was not working prior participating in a Board-approved health care program.
Compulsory coverage in the construction industry and the exemption for an executive officer.
Rating of permanent impairment for a condition not listed in the AMA Guides.
Whether a worker was able to commute for modified work.
Entitlement to LOE benefits where a worker was not working at the time of surgery for a compensable recurrence.
Consideration of entitlement for a recurrence of mental stress.
Whether a worker was in the course of employment while on a lunch break.
Whether there was breach of regulations under the Occupational Health and Safety Act that would warrant transfer of the costs of a claim.
Failure to co-operate will disqualify worker from supplement under s. 147(4) of the pre-1997 Act only if it is likely that earning capacity would have increased to extent contemplated by s. 147(2) if worker had co-operated.
Consideration of entitlement for non-Hodgkin's lymphoma as a result of exposure in the printing industry.
Consideration of the role of the Tribunal in considering joint submissions of the parties for resolution of the issues on appeal, and the process if some submissions are rejected by the Tribunal.
Types of allowable expenses related to a work transition plan.
Whether there was a right of action against an employer and executive officer regarding sexual assault by a supervisor.
Entitlement for health care in the form of maintenance treatment.
Apportionment of a NEL award due to a pre-existing condition.
Consideration of the AMA Guides provisions for intravertabral discs and other soft tissue lesions.
Jurisdiction of the Tribunal to confirm, vary or reverse a decision of the Board.
Determination of who should represent the deceased worker's estate on an appeal.
Status of surveillance evidence in the Case Record.
Whether costs of a claim should be transferred from the accident employer to another employer.
Whether a construction employer was entitled to relief from premium assessments for an executive officer who was deemed to be a worker.
Whether the nature of a worker's work after he became a deemed worker contributed significantly to the worker's disablement.
Whether the lay-off of a worker in seasonal employment was a temporary lay-off or a termination of employment.
Determination of the appropriate chapter in the AMA Guides for which to rate a bladder condition.
Whether to dismiss an appeal as an abuse of process.
Extension of the recalculation period for determination of a worker's long-term earnings basis.
Binding nature of decisions based on mediated agreements.
Exceptional circumstances making it advisable to reconsider a decision, on an application by the Board.
Consideration of the presumption and the weight to be given to expert medical reports.
Consideration of the binding nature of a previous Tribunal decision.
Provisions in Board policy regarding maintaining LOE benefits and paying additional LOE benefits during a temporary work disruption.
Release of case materials to a Tribunal medical assessor in the absence of consent from the worker.
Whether to transfer the costs of a claim from an injured worker's employer to another employer.
Whether the right of action was taken away regarding a civil claim framed as an action for damages related to wrongful dismissal.
Whether mandatory overtime should be included in the worker's short-term and long-term earnings basis.
Whether the worker had entitlement for out-of-province health care.
Whether a one-time bonus should be included in calculation of the worker's long-term earnings basis.
Referral of a pending mental stress claim back to the Board in accordance with amendments to the WSIA.
Whether LOE benefits could be offset by the amount of CPP disability benefits after the final LOE review.
Impact of pleural plaques and chronic obstructive pulmonary disease on total lung capacity, and deduction of a settlement from benefits.
Whether pay in lieu of notice received by a worker should be deducted from the worker's LOE benefits, both before and at the final LOE review.
Consideration of all factors in deciding whether to grant an extension of the time to appeal.
Whether the right of action of family members of a deceased worker was taken away and whether the deceased worker would have been entitled to commence an action.
Consideration of entitlement to LOE benefits for compensable surgery during a temporary work disruption, pursuant to revised Board policy.
Whether a friend could assist the worker as an interpreter.
Whether the costs of a claim should be transferred from a subcontractor at a construction site to the general contractor.
Whether the Tribunal had jurisdiction over a right to sue application involving a federal worker.
Factors for consideration in determining whether to grant an extension of the time to file a claim.
Consideration of the applicability of the presumption and the benefit of the doubt.
Consideration of entitlement for traumatic mental stress resulting from an incident off the employer's premises.
Determination of the availability of a SEB for a worker in a remote community.
Consideration of applicable Board policy for determination of LOE benefits for an older worker who selected the no-review option.
Consideration of the binding nature of a previous Tribunal decision.
Calculation of radiation exposure in a uranium mine for purposes of entitlement for lung cancer.
Whether the plaintiff in a civil case was a worker or a volunteer.
Determination of benefits at the final LOE review.
Compulsory coverage in the construction industry and the exemption for an executive officer.
Whether LOE benefits at the final review should be based on actual earnings in a short-term contract position that was not in the identified suitable occupation.
Whether a lay-off was short-term or long-term, for purposes of Board policy.
Whether a person was a worker while attending a staff party after completion of the employment contract.
Consideration of NEL rating for various aspects of impairment.
Consideration of benefits at the final LOE review, where the worker had previously been found to be entitled to full LOE benefits.
Consideration of the time restriction for redetermination of the degree of permanent impairment.
Determination of whether a claim was active in a particular year.
Whether the worker was in a conjugal relationship, for determination of entitlement to survivor benefits.
Need for consistency in decision-making, in this case related to NEL rating for shoulder acromioplasty.
Consideration of LOE benefits following a temporary lay-off and a permanent lay-off.
Consideration of conflicting medical evidence.
Consideration of epidemiological evidence of the hazard ratio in a lung cancer case.
Whether there was a final decision of the Board on an issue, either explicitly or implicitly.
Determination of suitable and available employment for a worker employed under the Seasonal Agricultural Workers Program.
Consideration of entitlement for gastro-intestinal cancer under criteria in Board policy and for multiple myeloma under general principles of causation.
Consideration of right to sue when previous workplace insurance claim was denied.
Whether to obtain production of raw test data of a psychologist.
Consideration of room and board in determining the earnings basis of a worker.
Whether travel allowances paid by an employer should be included in insurable earnings for calculation of employer premiums.
Consideration of the extent of employment decisions in a mental stress case.
Whether offset of LOE benefits by the amount of CPP disability benefits was allowed after 72 months in the circumstances of a significant deterioration that occurred prior to the final LOE review.
Whether review of LOE benefits after the final review is allowable based on deterioration of a pre-1998 compensable condition.
Determination of non-earning periods that should be excluded from recalculation of the worker's long-term average earnings.
Consideration of the substantial connection to Ontario of a defendant worker.
Determination of the venue for a hearing.
Entitlement to pension supplementary benefits after early retirement.
Transfer of the costs of a claim from a temporary help agency to the company to which the worker was assigned.
Consideration of the paralegal licensing exemption for a volunteer representative of a trade union.
Standard of proof for psychotraumatic disability.
Determination of best fit for classification of an employer.
Whether the presumption that an accident arose out of employment was rebutted.
Replacement of a NEL award for organic impairment with a lower NEL award for chronic pain disability.
Whether a NEL award for chronic obstructive pulmonary disease should be apportioned between occupational exposure and smoking.
Determination of the earnings basis for a recurrence.
Whether to exclude costs of certain accidents from the employer's experience rating calculation.
Entitlement for traumatic mental stress when the worker did not witness the traumatic event.
Consideration of the Board Written Direction with Reasons on the referral to the Board from the Tribunal regarding the Board's Fatal Claims Premium Adjustment policy.
Consideration of employer classifications for domestic services and nursing.
Whether a worker had entitlement for traumatic mental stress based on second-hand exposure to violent events.
Determination of entitlement under the serious injury program by translating pensions to NEL ratings and combining the ratings.
Determination of LOE benefits at the final review.
Conversion of pension to NEL rating for consideration of entitlement under the Board's serious injuries program.
Applicability of Board policy in effect at the time of the original Board operating level decision.
Accident while travelling to residential employment.
Whether a worker had entitlement for injuries resulting from fainting at work.
Assessment of a pension for chronic obstructive lung disease and consideration of whether the pension should be apportioned between smoking and workplace dust exposure.
Determination of the earnings basis of an executive officer with personal coverage.
Whether a NEL award should be reduced due to a pre-existing condition.
Consideration of medical evidence of the worker's treating physicians.
Whether there is entitlement for chronic pain disability when organic condition resolved within usual healing time.
Consideration of a global or holistic approach to rating psychotraumatic disability.
Consideration of non-earning periods to be excluded from the recalculation of long-term benefits.
Consideration of the substantial connection to Ontario of a defendant employer and its worker.
Whether one of the trustees of an estate should be authorized to maintain a claim on behalf of the estate.
Whether a worker was entitled to LOE benefits while pursuing a grievance related to termination of employment.
Attribution of LOE benefits in a case of multiple claims.
Whether to accept proposed reply evidence or new evidence.
Determination of applicable Board policies in considering whether a NEL award should be reduced due to a pre-existing condition.
Determination of status as a worker or dependent contractor and determination of the long-term earnings basis.
Consideration of entitlement to LOE benefits after termination of employment and after a subsequent non-compensable injury.
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.
Whether a claim of a first responder for traumatic mental stress should be referred back to the Board.
Consideration of application to reconsider a decision on a right to sue application, based on an amended statement of claim.
Calculation of a transitional supplement under s. 147 of the pre-1997 Act.
Whether a NEL award should be reduced due to a pre-existing condition.
Whether the significance of a repetitive strain injury to a permanent impairment was outweighed by a pre-existing condition.
Whether a NEL award should be reduced due to a pre-existing condition.
Whether the right of action of a federal mail contractor was taken away.
Retroactivity of registration of an employer under the Board's policy on voluntary registration.
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.
Consideration of Board policy regarding entitlement for injury resulting from insect bites.
Whether, in the circumstances, an offer of modified work on a different shift constituted suitable employment.
Binding nature of Tribunal decision on a subsequent related decision.
Whether a worker's appeal could proceed after the employer was placed in receivership.
Review of LOE benefits after 72 months due to incomplete WT or due to significant temporary deterioration.
Whether, in the circumstances, it was reasonable for a worker to rely on a functional abilities form (FAF) completed by his family doctor.
Distinction between an aggravation and a recurrence, and consideration of entitlement under the Board's policy on aggravation basis.
Determination of the retroactivity date for a personal care allowance and independent living allowance.
Consideration of Board policy and recent scientific studies in determining entitlement for esophageal cancer.
Consideration of the Employment Standards Act in determining whether the worker suffered a wage loss on a statutory holiday.
Consideration of the jurisdiction of the Tribunal on a right to sue application.
Determination of the earnings basis of a dependent contractor.
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.
Use of Bradford Hill criteria in determining entitlement for occupational disease.
Determination of the employer of a worker, when one employer hires out the services of the worker to another employer.
Standing of an insurer in a right to sue application when the insurer may not have an obligation to pay statutory accident benefits.
Absent parties on a right to sue application.
Recalculation of long-term earnings basis.
Whether to dismiss an appeal as an abuse of process.
Classification of employer that subcontracts parts of an operation.
Whether a third party claim by a defendant lessor against the employer of the injured plaintiff worker was barred by the WSIA.
Consideration of dependency benefits for non-resident dependants under provisions of the Act dating back to 1960.
Entitlement under provisions of Board policy regarding gastro-intestinal cancer.
Consideration of entitlement to a pension reassessment in the case of degenerative changes.
Consideration of entitlement to a pension reassessment in a case where entitlement was originally granted for aggravation of a pre-existing degenerative condition.
Consideration of payment for expenses related to death of a worker in a compensable accident.
Consideration of entitlement to a pension reassessment in the case of degenerative changes.
Consideration of amendments to the WSIA and provisions of Board policy regarding firefighters sustaining heart injury.
Determination of the areas of NEL rating entitlement that should be reduced due to a pre-existing impairment.
Consideration of entitlement to an additional work transition plan.
Whether a worker, who did not have entitlement for traumatic mental stress under the WSIA, would have had entitlement under the pre-1997 Act.
Consideration of evidence of a cluster in determining entitlement for cancer.
Determination of the long-terms earnings basis for a recently-hired worker in permanent employment.
Calculation of escalation of the earnings basis for pension and temporary benefits over an extensive period of time.
Consideration of the role of the Tribunal in considering joint submissions of the parties for resolution of the issues on appeal.
Consideration of the requirements of a labour market re-entry plan.
Whether modified work offered by the employer was suitable and available.
Offset of LOE benefits by percentage of CPP disability benefits for a worker with chronic pain disability.
Whether a worker was entitled to LOE benefits during paternity leave.
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.
Determination of the earnings basis of a recently-hired dependent contractor.
Whether a worker was participating in ESRTW, so as to allow consideration of benefit entitlement after the final LOE review.
Consideration of Board policy regarding timing of a work transition assessment.
Determination of the best fit for the classification of an employer.
Consideration of a transfer of costs from the employer for an accident occurring out of Ontario.
Whether a worker was in the course of employment when injured in the parking lot of the plaza in which the employer was located.
Consideration of entitlement to LOE benefits after an intervening event during an LMR program.
Entitlement to LOE benefits and for worker's self-directed LMR activity prior to granting of initial entitlement by the Board.
Whether the worker was in an LMR plan when the 72-month LOE review period expired.
Whether a worker had a permanent psychotraumatic disability.
Consideration of entitlement to survivor benefits based on the worker having 100% pension benefits resulting from more than one accident.
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.
Determination of the appropriate wages on which to base LOE benefits for a worker who selected the older worker option.
Whether a worker was unable to work so that the re-employment provisions of the WSIA were applicable.
Consideration of the standard of proof for causation in an occupational disease claim.
Whether the Tribunal was bound by findings in a prior decision covering a different time period.
Consideration of prospective entitlement for health care maintenance treatment and related LOE benefits.
Determination of NEL rating for asymmetrical hearing loss.
Whether a worker claiming entitlement for traumatic mental stress experienced a sudden and unexpected traumatic event.
Consideration of procedural issue regarding the time to provide notice of a constitutional question.
Importance of the identification of the issues in an appeal.
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.
Determination of the insurable earnings of subcontractors.
Whether to transfer the costs of a claim from the accident employer to another employer.
Whether the worker was an apprentice within the definition in the WSIA.
Referral to the Board for review of its Fatal Claim Premium Adjustment Policy.
Payment of a NEL award as a lump sum under the pre-1997 Act.
Whether to include voluntary overtime in the earnings basis for short-term and long-term benefits.
Obligation of employer to report an alleged workplace accident.
Consideration of link between carpal tunnel syndrome and repetitive keyboarding and mouse usage.
Consideration of entitlement for fibromyalgia.
Commencement and review dates for a retroactive pension supplement.
Consideration of entitlement for a self-directed work transition plan.
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).
Consideration of entitlement for maintenance chiropractic treatment after retirement.
Whether a worker's benefits at the final LOE review should be based on earnings of an experienced worker.
Rating of permanent impairment for hepatitis C.
Referral of a claim back to the Board pursuant to s. 15.2(5) of the WSIA.
Retroactivity of an employer reclassification.
Whether an exception applied to allow review of a worker's LOE benefits after the final 72-month review.
Consideration of entitlement in a case of serious and wilful misconduct.
Whether a worker was entitled to a NEL assessment for a physical loss.
Whether a plaintiff's right of action against the employer was taken away regarding claims related to matters other than the workplace accident.
Determination of the earnings basis of a dependent contractor.
Acceptance of a settlement in a case concerning a construction employer's re-employment obligations, and determination of the penalty.
Distinction between warehousing and brokering, for employer classification purposes.
Whether a worker may maintain a civil action against an employer regarding post-accident conduct of the employer.
LOE review more than 72 months after an accident due to significant temporary deterioration of the worker's condition.
Whether a worker should have entitlement for non-organic impairment on the basis of psychotraumatic disability or chronic pain disability.
Whether a worker was entitled to payment for a family member to be his attendant.
Determination of worker or independent operator status of person who had incorporated and determination of whether certain family members were dependants.
Consideration of whether the worker's final LOE review date should have been extended.
Determination of marked life disruption for chronic pain disability entitlement.
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.
Whether a worker claiming entitlement for traumatic mental stress experienced a sudden and unexpected traumatic event.
Consideration of the substance of the relationship in determining whether the plaintiff, who had incorporated, should be considered a worker of another company.
Whether a worker had entitlement for an accident while travelling to treatment for a compensable injury.
Determination of the earnings basis of a volunteer emergency worker with concurrent employment.
Consideration of an appropriate SEB for a worker, including cost-effectiveness of the plan.
Whether the right of action of an undocumented worker against his employer for a work-related injury was taken away.
Determination of who is the accident employer in a disablement case.
Factors to consider in determining whether to obtain an opinion from a Tribunal medical assessor.
Determination of LOE benefits of a worker who selected the older worker option in s. 44(3) of the WSIA.
Consideration of reasonable commute for suitable modified work.
Review of LOE benefits after 72 months, based on amendments to the WSIA in 2002 and 2007.
Whether a spouse, who was separated from her husband at the time of his death from a workplace injury, was entitled to survivor benefits.
Calculation of average earnings for a worker who was injured shortly after starting work.
Determination of the earnings basis of an apprentice.
Whether a worker was entitled to interest on payment of pension arrears for injury suffered in a pre-1990 accident.
Determination of the earnings basis of a dependent contractor.
Whether a child protection worker experienced a traumatic and unexpected event for traumatic mental stress entitlement.
Consideration of extent of entitlement and reduction of a NEL award due to a pre-existing condition.
Determination of whether there is a recurrence or a new accident.
Whether a bus driver had entitlement for bladder cancer as a result of exposure to diesel exhaust.
The doctrine of promissory estoppel does not give the Tribunal jurisdiction to grant a remedy that is not permitted by the statute.
Consideration of the requirements of Board policy for entitlement to a personal care allowance and the start date for the allowance.
Whether there was an element of double compensation in NEL ratings for organic and psychotraumatic disability.
Jurisdiction to consider a right to sue application regarding an action based in contract.
Consideration of the relationship between a workplace insurance claim and proceedings under the Ontario Human Rights Code.
Whether a travelling worker was in the course of employment when driving to a restaurant for a meal.
Consideration of a worker's actual ability to perform the modified work in determination of whether work was suitable.
Significance of determining an appropriate start date for retroactive FEL benefits.
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.
Determination of the retroactivity of an independent living allowance.
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.
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.
Whether a worker was in the course of employment while attending a union convention.
Whether laryngeal cancer was a significant contributing factor to the worker's subsequent stroke and aspiration pneumonia.
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.
Consideration of the worker's request that the Tribunal obtain further medical evidence.
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.
Whether to reconsider a decision when the request to reconsider was received many years after release of the decision.
Review of procedural requirements for completion of the Tribunal's Notice of Appeal.
Determination of a NEL rating for asbestosis under the AMA Guides.
Consideration of entitlement to a NEL award for psychotraumatic disability.
Consideration of entitlement to LOE benefits after voluntary resignation from employment for personal reasons.
Consideration of Board policy to determine whether the two-year retroactivity period applied to payment of credit interest to an employer.
Whether a worker had the right to participate in an employer's appeal regarding transfer of costs.
Consideration of the effect on LOE benefits of a worker's move from an urban location to a rural setting.
Consideration of Board policy to determine whether the two-year retroactivity period applied to payment of credit interest to an employer.
Consideration of entitlement for brain cancer, when duration of employment was less than the policy requirement for application of the presumption.
Consideration of application for intervenor status.
Whether a non-compensable accident was an intervening event warranting cessation of benefits.
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.
Determination of long-term earnings basis for a worker who was receiving social assistance benefits.
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.
Whether LOE benefits of a worker with high pre-accident earnings that exceeded the statutory maximum should be offset by CPP disability benefits.
Consideration of the exception for small employers in determining the appropriate classification for an employer with more than one business activity.
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.
Whether a worker took himself out of employment by engaging in horseplay.
Whether earnings from concurrent employment should be included in the calculation of the worker's short-term and long-term average earnings.
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.
Whether performance of modified work allowed consideration of LOE benefit entitlement after final LOE review.
Determination of the long-term earnings basis of a worker who came within the definition of a student in the WSIA.
Determination of worker or independent operator status, with weight given to provisions of collective agreement.
Consideration of air conduction and bone conduction measurements for sensorineural hearing loss.
Whether there can be different MMR dates for various components of a compensable condition.
Whether an emergency responder, in this case a 911 operator, had entitlement for traumatic mental stress.
Consideration of the substantial connection to Ontario of a defendant employer and its worker.
Whether a worker who earlier refused suitable modified work, was entitled to LOE benefits after closure of the employer's plant.
Review of LOE benefits after 72 months based on an inadequate and, accordingly, essentially incomplete earlier LMR program.
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.
Consideration of Board policy on NEL redeterminations requiring a worker to provide initial medical evidence in support of deterioration of the worker's condition.
Whether a firefighter had entitlement for a heart attack.
Whether the worker's LOE benefits should be reduced or suspended for non-co-operation with LMR.
Determination of whether a pre-existing impairment was measurable and whether a NEL award should be reduced due to a pre-existing impairment.
Determination of primary site of firefighter's metastatic cancer.
Determination of NEL ratings for psychotraumatic disability and neurological impairment.
Whether, in the circumstances, it was reasonable for a worker to rely on his family doctor's advice to stay off work.
Extension of the final LOE review based on participation in an ongoing LMR plan. Consideration of availability of work in the identified suitable occupation.
Consideration of the date for determination of the rate of interest on retroactive benefit payments.
Determination of a NEL award for loss of vision under the AMA Guides.
Whether it was appropriate for the Board to defer the worker's final LOE review.
Consideration of the status of an executive officer of a corporation in the construction business.
Consideration of requirements for redetermination of a NEL award for non-organic impairment.
Consideration of the Board's Fatal Claim Premium Adjustment Policy.
Whether an application for clarification of a Tribunal decision should be stayed pending a court proceeding.
Whether a worker was in the course of employment while proceeding home directly from the premises of a client.
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.
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.
Whether there was an abuse of process such that the Tribunal should decline to exercise jurisdiction over an appeal.
Whether a worker met the Board's minimum requirement for a pension of a rating for a least 0.4%.
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.
Whether the Tribunal was bound on a right to sue application by a prior decision of the Tribunal regarding benefits resulting from the accident.
Consideration of quantum of award for facial disfigurement for an injury that affected function, rather than appearance, of facial features.
Review of LOE benefits after the 72-month period, based on completion of a self-directed LMR program.
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.
Consideration of provision in the Board's policy on work transition plans regarding the option for older workers.
Consideration of entitlement for reflex sympathetic dystrophy under the Board's chronic pain disability policy.
Clarification of when the psychotraumatic disability policy is applicable and when the traumatic mental stress policy is applicable.
Whether existence of two contrary lines of cases was grounds for reconsideration of a decision.
Consideration of weight to be given to acquittal on charges under s. 149 of the WSIA.
Whether, in the circumstances of the case, the Tribunal should undertake post-hearing investigation to obtain clinical notes.
Whether a volunteer firefighter had entitlement for colon cancer.
Calculation of NEER factors in the case of a corporate employer with divisions which have their own accounts with the Board.
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.
Consideration of entitlement for a heart attack on a disablement basis.
Determination of the NEL rating for a permanent hip impairment.
Whether the worker was entitled to payment for medication that was not listed in the Board's drug formulary.
Whether the worker was entitled to payment for medication that was not listed in the Board's drug formulary.
Whether a worker was entitled to reimbursement for the cost of a car for use in a Board identified SEB.
Consideration of Board policy regarding enhanced work transition programs for young workers.
Consideration of circumstances to review LOE benefits after 72 months to account for CPP disability benefits.
Whether a worker, who had a compensable heart attack, had entitlement for a subsequent heart attack.
Whether a worker was in the course of employment during an altercation with a co-worker.
Whether work obtained by a worker could be considered to be work in a job identified as the suitable occupation for the worker.
Whether a worker in the auto parts industry had entitlement for esophageal cancer as a result of exposure to metalworking fluids.
Consideration of when it is appropriate to review benefits under s. 44 of the WSIA.
Consideration of distinction between carcinoma and sarcoma, in determining relationship to occupational exposure.
Whether meals provided to a restaurant worker should be included in the worker's earnings basis.
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.
Whether Alzheimer's disease resulted from a minor head injury.
Whether the right of action of a domestic worker was taken away.
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.
Consideration of requirements in content of a Board decision issued by way of form letter.
Consideration of Board policy requirements for relocation services and payment of relocation expenses.
Consideration of requirements for entitlement to a motorized scooter as a health care measure.
Consideration of adjudicative advice in the Board's COPD Binder in determining a worker's entitlement for chronic obstructive lung disease.
Whether to apply a change in a worker's income tax net exemption code after final FEL review.
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.
Whether the worker's direction to accept the older worker no-review option under s. 44(3) of the WSIA was valid.
Whether it was appropriate to determine a case by way of an oral or a written appeal.
Use of updated data in recalculation of retroactive adjustment to an employer's experience rating account.
Factors to consider in weighing medical evidence.
Consideration of the extent of a worker's disability related to compensable post-traumatic stress disorder.
Whether the plaintiff worker in a civil action had a substantial connection to Ontario.
Consideration of matters relating to production of documents from other proceedings, including the deemed undertaking rule.
Consideration of Board practice of granting a 100% NEL award for compensable death.
Whether a worker was entitled to a second supplement under s. 147(4) of the pre-1997 Act.
Determination of the arrears date for payment of an independent living allowance and a personal care allowance.
Discussion of distinction between psychotraumatic disability and chronic pain disability.
Consideration of the principles of calculating a back impairment under the AMA Guides.
Consideration of final LOE review made after the 72-month cut-off date but effective as of the cut-off.
Consideration of the requirement of continuous employment for the applicability of the re-employment obligation in the case of a personnel agency worker.
Whether worker was entitled to reimbursement for cost of surgery out of Ontario.
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.
Whether retroactivity of an employer reclassification should be extended based on the real merits and justice provision in Board policy.
Whether a worker was under-employed by reason of only seeking work in the local community.
Whether a firefighter had entitlement for traumatic mental stress.
Whether an individual was a worker or an employer for purposes of the WSIA.
Whether a claim should be considered active in a particular year, for the purposes of the employer's NEER experience rating account.
Whether enhancement earnings should be included in a worker's short-term earnings basis.
Whether to use the matrix or the 50% SIEF relief provision in Board policy.
Consideration of entitlement to health care benefits for drugs based on generic drugs listed in the Board's drug formulary.
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.
Consideration of whether a spouse was a worker, executive officer or partner in a business.
Consideration of an enhancement factor to a pension for bilateral cataracts.
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.
Consideration of entitlement for idiopathic pulmonary fibrosis.
Focus on the worker's conduct prior to termination of the worker's employment in determining entitlement to LOE benefits after the termination.
Whether entitlement for an injury should be limited to an aggravation basis.
Consideration of the thin skull rule, and the crumbling skull exception, in determining entitlement for emotional symptoms and traumatic mental stress.
Consideration of retroactive appointment of a person as an executive officer of a corporation, in determining executive officer status.
Consideration of Board policy requirements to entitlement for stomach cancer.
Determination of the commencement date for the recalculation of LOE benefits using the long-term earnings basis.
Whether plan proposed by employer constituted productive work within meaning of Board policy.
Whether the Tribunal had jurisdiction over decisions of the Board's operating level on referral from an Appeals Resolution Officer.
Consideration of five-year guideline in Board policy regarding entitlement for psychotraumatic disability.
Consideration of entitlement for chronic obstructive pulmonary disease based primarily on smoking but combined additively with occupational exposure.
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.
Application of the presbycusis factor in determining entitlement to a NEL award for permanent impairment related to noise-induced hearing loss.
Consideration of issues related to the presumption, onus of proof, standard of proof, expert evidence and internet evidene.
Earnings basis of a volunteer firefighter.
Whether the worker's death from a cardiac condition was the result of a compensable heart attack many years earlier.
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.
Standard for determination of whether a worker's right of action is taken away against an executive officer of the worker's employer.
Whether the Ontario Rules of Civil Procedure applied to a right to sue application at the Tribunal.
Whether cost of a worker's LOE benefits should be apportioned between two accidents.
Whether a worker had entitlement for an accident while engaging in recreational activity on the employer's premises during lunch break.
Determination of the earnings basis for a dependent contractor.
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.
Whether a hearing of a Charter issue should be denied based on a prior Tribunal decision on the issue.
Whether the firefighter presumption applied in the circumstances and whether the firefighter had entitlement for a fatal heart attack.
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.
Whether LOE benefits of a worker who moves to another province should continue to be based on Ontario wage rates.
Determination of when a debt is considered to be due and owing, for purposes of recovery of an overpayment.
Whether a welder had entitlement for prostate cancer.
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.
Whether a worker had entitlement for injuries suffered on the premises of an LMR service provider.
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.
Whether a worker had entitlement for chronic toxic encephalopathy related to workplace exposure to solvents.
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.
Whether an air conditioning mechanic had entitlement for Legionnaire's disease.
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.
Whether there was an agreement between the worker and her Schedule 2 employer for waiver of benefits under s. 63 of the WSIA.
Whether a worker had entitlement for a bone marrow disorder related to benzene exposure.
Consideration of entitlement criteria in Board policy for asbestos workers with gastrointestinal cancer.
Whether a worker was entitled to benefits for injuries suffered when he fainted due to a non-compensable pre-existing condition.
Whether a worker had entitlement for infection related to an antibiotic resistant bacterium (MRSA).
Determination of which of two Schedule 2 employers should be charged with the costs of a worker's claim for occupational disease.
Whether a worker had entitlement for bipolar disorder.
Whether to refer issues back to the Board for determination.
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.
Whether a worker had entitlement for psychotraumatic disability, notwithstanding exaggeration of his symptoms.
Whether, in the circumstances of the case, it was reasonable to require the worker to relocate in order to search for suitable work.
Determining the date of accident in a disablement case and whether and extension of the time to file a claim should be granted.
Whether a worker's NEL award should be apportioned due to pre-existing degenerative changes.
Whether a firefighter, to whom the presumption in s. 15.1(4) of the WSIA did not apply, had entitlement for colorectal cancer.
Determination of the number of days to be factored out of the recalculation period for the worker's long-term earnings basis.
Consideration of provisions for review of LOE benefits for deterioration of a worker's condition after the 72-month lock-in date.
Whether the worker had entitlement for hepatitis B in the absence of an open skin wound.
Final decision on appeal regarding clothing allowance after Board policy change in 1996.
Whether the Tribunal should reconsider an SIEF decision in order to take jurisdiction over retroactive adjustment of the employer's experience rating account.
Apportionment of a NEL award for chronic pain disability between a compensable injury and a non-compensable co-existing condition.
How to attribute wage loss following a deterioration in the worker's condition, for a worker who had multiple compensable accidents.
Applicability of the Board's Workwell audit to a temporary personnel agency.
An overpayment is created not from when the excess amount was paid but, rather, from when the Board determines that there was an overpayment.
Whether modified work at a distant location is available employment within the meaning of Board policy.
Consideration of activities that fall within the parameters of a personal care allowance.
Use of the Board's Adjudicative Advice document in assessing permanent impairment for a repetitive strain injury.
Whether natural gas door-to-door sales agents were workers or independent operators.
Whether an aqua fitness program qualified as health care.
Whether a mechanic in the mining industry had entitlement for lung cancer.
Consideration of provision in the Board's policy on work transition plans regarding the option for older workers.
Whether pay in lieu of notice received by a worker should be deducted from the worker's LOE benefits.
Whether delay in receiving treatment contributed to the extent of disability caused by a stroke.
Whether the Board should recalculate an employer's experience rating adjustments after retroactive classification changes.
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.
Whether a maintenance mechanic at a nickel producer had entitlement for lung cancer.
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.
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.
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.
Review and recalculation of supplementary benefits under s. 147(4) of the pre-1997 Act.
Whether the worker was entitled to reimbursement for the cost of a drug that was not on the Board's drug formularies.
Whether a firefighter had entitlement for Hodgkin's lymphoma.
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.
Consideration of entitlement for non-Hodgkin's lymphoma as a result of exposure to benzene.
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).
Whether a paramedic had entitlement for traumatic mental stress from attending an accident scene.
Determination by the Vice-Chair of how to proceed when an unrepresented party requested an adjournment to obtain representation during the hearing.
Whether a correctional officer had entitlement for mental stress based on impact of carrying out controversial orders.
Whether a worker had entitlement for multiple myeloma based on exposure to benzene.
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.
Explanation of sequential decision making and its impact on jurisdiction and issue setting.
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.
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.
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.
Whether an employer was entitled to cost relief for mental disorder suffered by its worker after the worker witnessed a motor vehicle accident.
The Board must prepare an LMR plan in consultation with the worker but the Board is not required to follow the worker's wishes.
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.
Whether a worker had entitlement for sponsorship for self-directed job search activities under the Board's work transition policies.
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.
Review of previously denied claim by a firefighter for a heart attack in 1973 under amendments to the WSIA.
Consideration of availability of employment for the worker in the identified SEB.
Whether evidence related to time period after the time period being addressed in the appeal could be used in the hearing.
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.
Determination of whether to obtain a report from a Tribunal medical assessor.
Whether a uranium miner had entitlement for leukemia based on exposure to radiation.
Whether a worker was entitled to interest on delayed voluntary contributions to retirement benefits under s. 45(3) of the WSIA.
Consideration of Board policy requirements for commutation of a pension.
Consideration of entitlement LMR services and LOE benefits when there is a post-accident non-compensable condition.
Whether a 911 call centre supervisor had entitlement for traumatic mental stress.
Consideration of what constitutes a chronic pain NEL rating within Class 4 of the Board's rating schedule.
Whether a fitness club membership constituted health care within s. 32 of the WSIA.
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).
Whether a worker was entitled to a discretionary increase in his NEL award, in accordance with a provision in the AMA Guides.
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.
Determination of what constitutes a decision for the purposes of establishing the time limit to appeal.
Whether to use the average worker test in considering a claim for mental stress.
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.
Consideration of provisions in the Act and Board policy regarding horseplay and misconduct.
Worker, whose employment was terminated for reasons unrelated to the compensable injury, was entitled to benefits during period of recovery from compensable surgery.
Consideration of entitlement to LOE benefits during a strike.
Board policy on fighting is not restricted to a physical fight; a verbal altercation is a fight within the meaning of the policy.
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.
Whether it was advisable to reconsider a decision when the request to reconsider was received four years after release of the decision.
Consideration of risk of lung cancer due to smoking when the worker smoked only moderately and quit smoking many years prior to diagnosis.
Determining the offset of CPP disability benefits from LOE benefits, in circumstances where there were also non-compensable conditions.
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.
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.
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.
Consideration of the criteria for determining what constitutes a Board decision, in the context of the time limit to appeal.
Whether an LMR program provided the worker with new skills or improved existing skills, in determining the amount of LOE benefits.
Whether a worker had entitlement for an injury suffered during an LMR program.
Whether it is advisable to reconsider a decision when the request to reconsider is received more than six months after release of the decision.
Whether workers participating in non-mandatory professional development activity were in the course of employment.
Whether an employer was entitled to access to potentially relevant, sensitive information in the worker's file concerning a family member of the worker.
Determination of the earnings basis of an apprentice at the time of a subsequent lay-off.
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.
Reinstatement of LMR services after intervening, non-compensable reasons for non-co-operation in the program ended.
Calculation of the offset of CPP disability benefits from LOE benefits for a worker whose actual pre-injury earnings were above the statutory maximum.
Whether a worker had entitlement for traumatic mental stress based on criminal charge of assault related to a workplace event.
Consideration of change in Board policy regarding sinter plant exposure, and review of principles relating to epidemiological evidence.
Evaluation of epidemiological evidence in determining entitlement for a rare form of leukemia.
Determining post-accident earnings of a self-employed worker for FEL purposes.
Determining the percentage of offset of CPP disability benefits from LOE benefits, in circumstances of minor non-compensable conditions.
Calculation of supplements under s. 147(4), both initially and on subsequent review, is subject to the Old Age Security cap in subsection (8).
Calculation of an employer's premiums and surcharge when migrating from the MAPP experience rating plan to the CAD-7 experience rating plan.
Whether a worker had entitlement for non-Hodgkin's lymphoma based on exposure to second-hand smoke.
Effect of early retirement on entitlement to LOE benefits.
Whether worker had entitlement for traumatic mental stress due to sexual harassment.
Whether an impairment of earning capacity is required for determination of entitlement to a pension.
Hepatitis C as a result of a needle stick injury.
Whether worker should have entitlement for chronic pain disability or psychotraumatic disability.
Entitlement to LOE benefits after termination of an injured worker's employment for reasons unrelated to the compensable injury.
Whether worker's condition was chronic pain or fibromyalgia.
Whether entitlement should be granted for chronic pain or psychotraumatic disability.
Psychiatric condition related to mistreatment by a supervisor and co-workers after return to modified work following a physical injury.
Whether the Tribunal had jurisdiction on a right to sue application after the civil action was dismissed by the court as abandoned.
Determination of the date from which the time limit to appeal should run.
A notice of audit is spent only if it takes too long for the audit results to be first communicated to the employer.
Whether a millwright, with a history of smoking and alcohol consumption, had entitlement for esophageal cancer.
Whether hearsay evidence can be the basis for rejection of direct testimony.
Denial of entitlement by the Board to workplace insurance benefits after determination that the worker's right of action was taken away.
Admissibility of surveillance evidence.
Whether to consider a retroactive NEER adjustment in the context of an appeal regarding the quantum of SIEF relief.
Application by the common law spouse of a deceased worker for authority to pursue a claim on behalf of the worker's estate.
Determination of worker status of a child helping in a family business.
Whether an injury was an accident or attempted suicide.
Application of Board policy on occupational disease in claim that meets factual provisions of the policy, without need to consider other etiologies.
Whether contentious family matters provided a legitimate reason for failure to co-operate with LMR.
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.
Whether a worker was entitled to a discretionary increase in the NEL award for shoulder impairment.
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.
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.
Classification of a provider of home care services.
Consideration of entitlement to multiple FEL awards where worker was already in receipt of a full FEL award.
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.
Type of new evidence required to re-open issue of extension of a time limit.
Application by defendants in a civil action, who chose not to participate in a right to sue application, for clarification of the decision.
Traumatic mental stress of police 911 dispatcher.
Entitlement for traumatic mental stress based on continuous verbal harassment by a co-worker.
Consideration of a worker's request for an adjournment in order to pursue other issues at the Board.
Temporary benefits after retirement under the pre-1985 and pre-1989 Acts.
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