https://wsiat.on.ca/en/home/noteworthyDecisions.asp Contains highlights of recent noteworthy decisions. en-ca Workplace Safety and Insurance Appeals Tribunal 2024-04-26T16:29:08-05:00 240 https://wsiat.on.ca/en/home/../../img/coatOfArms.png https://wsiat.on.ca/en/home/noteworthyDecisions.asp Entitlement for a topical analgesic not listed in the Board’s drug formulary. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=96671 2024-01-16T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=96407 2024-01-12T00:00:00-05:00 Determining whether myocarditis resulting from a COVID-19 vaccination not strictly mandated by employer occurred in the course of employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=96695 2024-01-09T00:00:00-05:00 Whether childhood asthma constituted a pre-existing sensitivity to allergens for SIEF purposes where the worker had allergic contact dermatitis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95980 2024-01-02T00:00:00-05:00 Determining entitlement under OPM Document No. 15-04-05, "Premature Termination of Pregnancy," and the thin-skull doctrine. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=96134 2023-12-21T00:00:00-05:00 Determining whether a sexual assault which occurred at an after hours social event was in the course of employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95604 2023-12-19T00:00:00-05:00 Factors considered by the Chair in granting an extension of time to file a right to sue reconsideration request. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=96651 2023-12-19T00:00:00-05:00 Discussion of factors for entitlement of an aggravation of a condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95311 2023-12-14T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95940 2023-12-07T00:00:00-05:00 Exposure to trichloroethylene established as a risk factor for renal (kidney) cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65695 2023-12-05T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93654 2023-12-04T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=96380 2023-11-30T00:00:00-05:00 Determining entitlement to an ATV as “hobby equipment” for a severely impaired worker as an independent living device. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=96235 2023-11-29T00:00:00-05:00 Entitlement criteria for damaged prescription eyewear under OPM Document No. 17-07-01. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=96280 2023-11-23T00:00:00-05:00 Distinction between risk factor and medical condition in SIEF entitlement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95656 2023-11-20T00:00:00-05:00 SIEF – determining the severity of an accident where a First Responder was routinely exposed to objectively traumatic incidents at work. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=96563 2023-11-20T00:00:00-05:00 Challenge to legislative obligation to apply AMA Guides 3rd edition (revised) in rating NEL awards. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=96302 2023-11-17T00:00:00-05:00 Determining entitlement for medication prescribed as part of a drug regimen to treat a cluster of respiratory conditions. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95801 2023-11-16T00:00:00-05:00 Consideration of notice to the other party when determining whether to proceed with determining jurisdiction over implicit issue. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=96544 2023-11-15T00:00:00-05:00 Determining permanent impairment entitlement for cranial nerve palsy when there is overlap with symptoms of traumatic brain injury. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=96500 2023-11-09T00:00:00-05:00 Right to sue application – an executive officer cannot be deemed a worker without express declaration and informed consent. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95755 2023-11-02T00:00:00-05:00 Considering relative risk in hypopharyngeal cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94751 2023-10-31T00:00:00-05:00 Interpretation of time limits for filing a claim under the transitional provisions for chronic mental stress. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95788 2023-10-31T00:00:00-05:00 Whether an incorrect date of appeal deadline in a decision letter renders it void where there is a lengthy delay in filing an appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95899 2023-10-31T00:00:00-05:00 Looking at Charter values in relation to family status and sex when considering whether a worker was voluntarily under-employed. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95880 2023-10-27T00:00:00-05:00 Determining the threshold for exclusion of expert evidence when redactions to worker’s health care information provided to expert were incomplete. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95557 2023-10-23T00:00:00-05:00 Entitlement for dental decay as a secondary condition caused by compensable frequent vomiting. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=96104 2023-10-20T00:00:00-05:00 LOE entitlement and requirement to mitigate in a hostile workplace environment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95700 2023-10-18T00:00:00-05:00 Continuing entitlement for psychotraumatic disability where the precipitating physical injuries have resolved. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95891 2023-10-18T00:00:00-05:00 Entitlement to prostate cancer based on exposure from firefighting and chemicals from cleaning firefighting gear without PPE. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93270 2023-10-10T00:00:00-05:00 Whether firefighter presumption applies to entitlement for Chronic Myelomonocytic Leukemia (CMML). https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95817 2023-10-05T00:00:00-05:00 Application of the merits and justice provision to the payment of retroactive interest payments on permanent disability arrears. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95341 2023-10-04T00:00:00-05:00 Assessing the exposure guidelines from Adjudicative Advice document in determining entitlement for Chronic Obstructive Pulmonary Disease (COPD). https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95565 2023-09-29T00:00:00-05:00 Whether managing difficult customers in a casino caused chronic mental stress. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95649 2023-09-27T00:00:00-05:00 Evaluating the provision of a radio in determining whether work is safe and suitable for a worker dealing with aggressive students. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=96067 2023-09-26T00:00:00-05:00 Jurisdiction of Tribunal to deal with employer access to general records under section 58 rather than health records under section 59 of the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=96138 2023-09-26T00:00:00-05:00 Calculating the average earnings for a worker with concurrent employment as a volunteer firefighter under OPM Document No. 18-02-08. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94313 2023-09-22T00:00:00-05:00 Earnings basis for non-permanent employee in accordance with Board policy where no exceptional circumstances were present. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95606 2023-09-20T00:00:00-05:00 Workers of Seasonal Agricultural Worker Program (SAWP) entitled to LMR services and LOE benefits beyond 12 weeks based on their local labour market. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94551 2023-09-15T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95797 2023-09-14T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=96040 2023-09-13T00:00:00-05:00 Entitlement for knee disablement injury due to repetitive high stepping. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95533 2023-09-07T00:00:00-05:00 Entitlement for aggravation of pre-existing condition due to increased workload and at-home workstation design during COVID-19. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94713 2023-08-31T00:00:00-05:00 Whether a temporary employee injured on employer’s premises after arriving early to put on PPE is considered in the course of employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=96014 2023-08-29T00:00:00-05:00 Application of OPM Document No. 15-03-09 "Weather Conditions" in claim for frostbite. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95849 2023-08-29T00:00:00-05:00 Whether drug addiction is reasonably incidental to worker's employment as an undercover police officer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94406 2023-08-28T00:00:00-05:00 Whether a pre-disposition or risk factor qualifies as a pre-existing condition for SIEF relief. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95894 2023-08-28T00:00:00-05:00 Whether a clinical report is sufficient to determine entitlement for out-of-province health care treatment under OPM Document No. 15-06-07. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95662 2023-08-24T00:00:00-05:00 Evaluating permanent impairment entitlement for a hernia when the worker is not a candidate for surgical repair. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95731 2023-08-18T00:00:00-05:00 Suitability of SO and COVID-19 impact on job availability in determining LOE entitlement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95965 2023-08-18T00:00:00-05:00 Discussion of the need to provide meaningful submissions on substantive issue in written appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95994 2023-08-18T00:00:00-05:00 Consideration of whether an intention to complete a personal errand after work removes a worker from the course of employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95483 2023-08-15T00:00:00-05:00 Denial of LOE entitlement after failure to receive COVID-19 vaccine results in termination. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95484 2023-08-15T00:00:00-05:00 Whether barriers in securing employment were due to COVID-19 pandemic or work-related occupational restrictions in determining LOE entitlement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95736 2023-08-14T00:00:00-05:00 Entitlement to expenses for self-directed training courses. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95287 2023-08-08T00:00:00-05:00 Whether a normal pregnancy constitutes a pre-existing condition under the SIEF policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95315 2023-08-08T00:00:00-05:00 Whether a section 31 application should be scheduled pending a Wagg motion compelling Crown disclosure. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95871 2023-08-01T00:00:00-05:00 Considering scientific certainty in evaluating epidemiological evidence in a claim for brain cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95255 2023-07-27T00:00:00-05:00 Entitlement to the costs of medical marijuana purchased through a compassion club. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95813 2023-07-26T00:00:00-05:00 Failure to cooperate in ESRTW, resulting in financial difficulty, as an intervening event in psychotraumatic disability entitlement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95462 2023-07-20T00:00:00-05:00 Considering the definition of “manifest” in the context of the five-year requirement for entitlement to psychotraumatic disability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95815 2023-07-20T00:00:00-05:00 Determining what is "objectively traumatic" under Traumatic Mental Stress policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92474 2023-07-19T00:00:00-05:00 Determining the NEL rating for an arthrodesis procedure of the wrist when some range of movement is present. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95278 2023-07-17T00:00:00-05:00 Whether an interested party can provide objective expert evidence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94947 2023-07-13T00:00:00-05:00 Entitlement to benefits for a stapes fracture of the ear and associated surgical repair. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95125 2023-07-07T00:00:00-05:00 Consideration of youth, geographic location, seriousness of injury and potential intellectual disability in determining a time extension application. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95290 2023-07-07T00:00:00-05:00 Whether proposed defendants not included in a filed civil action can participate in a section 31 application. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95701 2023-07-07T00:00:00-05:00 Disablement claim due to increased tasks as a result of COVID-19 pandemic. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95110 2023-07-04T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95096 2023-06-28T00:00:00-05:00 Entitlement for occupational disease for solvent-induced encephalopathy due to work as a watchmaker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95210 2023-06-28T00:00:00-05:00 Atrial fibrillation as a secondary condition to a compensable heart surgery. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95338 2023-06-28T00:00:00-05:00 Whether injury resulting from hazard in the workplace is compensable where initial loss of consciousness and fall resulted from non-compensable seizure. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95313 2023-06-26T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95379 2023-06-22T00:00:00-05:00 Threat of harm from a falling structure, leading to psychological diagnosis, is sufficient to qualify for Traumatic Mental Stress (TMS) entitlement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94344 2023-06-21T00:00:00-05:00 Determining entitlement to Loss of Earnings (LOE) benefits for a worker working illegally in Canada at the time of accident. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93563 2023-06-20T00:00:00-05:00 Tribunal’s jurisdiction to compel production of a deceased worker’s information from a Ministry covered under FIPPA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94905 2023-06-20T00:00:00-05:00 Time extension considerations in an employer cross-appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95216 2023-06-16T00:00:00-05:00 Transfer of costs on the basis of claimed negligent misrepresentation of a product by the wholesaler. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94853 2023-06-15T00:00:00-05:00 Rebuttal of 'arising out of the course of employment' in traumatic mental stress claim where conflict during work hours is due to personal relationship. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95168 2023-06-15T00:00:00-05:00 When Tribunal should exercise its authority to use its investigative powers in obtaining or transcribing additional evidence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95342 2023-06-15T00:00:00-05:00 Whether pre-existing psychological conditions prolonged or enhanced worker's recovery in SIEF claim. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95193 2023-06-12T00:00:00-05:00 Costs in occupational disease claim - no authority under the WSIA for apportionment of claim costs between Schedule 2 and Schedule 1 employers. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94907 2023-06-09T00:00:00-05:00 Determination of accumulated investment income for purposes of retroactive contributions to loss of retirement income fund. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94530 2023-06-06T00:00:00-05:00 Criteria for entitlement to section 147(4) supplementary benefits following retirement under OPM Document No. 18-07-10. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95021 2023-06-06T00:00:00-05:00 Entitlement for interstitial lung disease - workplace exposures contributing to the development of one disease does not necessarily mean that they contributed to another disease. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94744 2023-05-29T00:00:00-05:00 Right to sue application – executive officer as plaintiff – out of province workers’ compensation claim. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94619 2023-05-19T00:00:00-05:00 Tribunal’s jurisdiction to order the production of documents in a right to sue application. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91745 2023-05-18T00:00:00-05:00 The contribution to a worker’s loss of earnings by an external event, the COVID-19 pandemic, does not exclude LOE entitlement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92207 2023-05-16T00:00:00-05:00 Osteopathy treatment no longer covered under OPM Document No. 17-01-02. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95428 2023-05-09T00:00:00-05:00 Authority of worker's widow to represent the estate where there was no will and potential beneficiaries had not been notified. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95383 2023-05-08T00:00:00-05:00 Whether excessive force with patient amounted to a fight where worker took herself out of employment or amounted to serious and willful misconduct. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94922 2023-05-02T00:00:00-05:00 Health care - maintenance treatment - vehicle modification versus vehicle purchase. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94321 2023-05-01T00:00:00-05:00 LOE entitlement ceases when worker is no longer impaired as a result of injury (section 43(1)(d)). https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94743 2023-05-01T00:00:00-05:00 Full LOE entitlement maintained when RTW start delayed due to temporary impact of non-compensable medical appointments. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95206 2023-04-24T00:00:00-05:00 Initial entitlement for an adverse reaction to the COVID-19 vaccination under OPM Document No. 15-04-10. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94739 2023-04-18T00:00:00-05:00 COVID-19 pandemic and LOE entitlement following permanent work disruption. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94976 2023-04-17T00:00:00-05:00 Reconsideration of NEL rating on the basis that evidence used did not reflect worker's condition at MMR. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93599 2023-04-12T00:00:00-05:00 Reconciling "exceptional circumstances" language for permanent impairment entitlement under the Psychotraumatic Disability policy with the standard of proof. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95030 2023-04-11T00:00:00-05:00 High degree of industry regulation does not necessarily reflect a “degree of control” in determining if an individual is a worker or independent contractor. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93564 2023-04-06T00:00:00-05:00 Provision of funding and staff from another entity is not sufficient to create an employment relationship with that entity. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92538 2023-04-04T00:00:00-05:00 Is there an obligation to advise a sole proprietor/worker of personal coverage options under OPM Document No. 12-03-02? https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95173 2023-03-30T00:00:00-05:00 Consideration of Frontotemporal Dementia as a secondary condition resulting from a traumatic brain injury. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94575 2023-03-28T00:00:00-05:00 In the course of employment - attendance at a union professional development program. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94828 2023-03-28T00:00:00-05:00 Criteria for domestic workers/attendants to be considered “dependent contractors” for the inclusion of concurrent earnings in earnings basis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94839 2023-03-24T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94698 2023-03-21T00:00:00-05:00 Distinction between an employer's re-employment obligation and worker's entitlement to LOE following termination. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93987 2023-03-20T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95024 2023-03-20T00:00:00-05:00 Evaluating the reliability of an expert medical report in the context of the Ferreira decision. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94919 2023-03-16T00:00:00-05:00 Remuneration or paid mileage is not determinative of whether a sole proprietor/worker is in the course of employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=95040 2023-03-15T00:00:00-05:00 Determining contribution to the purchase price of a new home in lieu of home modifications under OPM Document No. 17-06-08. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94960 2023-03-14T00:00:00-05:00 Determining retroactive entitlement to a Guide and Support Dog Allowance. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94709 2023-03-09T00:00:00-05:00 Exceptional circumstances for allowing a discretionary rating under the AMA Guides for a NEL. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94745 2023-03-07T00:00:00-05:00 Non-cooperation with a workplace violence and harassment investigation as an intervening event in determining LOE entitlement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94419 2023-03-02T00:00:00-05:00 Whether use of medication which prolongs/enhances a disability is considered a pre-existing condition for SIEF relief. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94426 2023-03-02T00:00:00-05:00 Defining an “appropriate clinical assessment” and dosage requirements for medical cannabis entitlement under OPM Document No. 17-01-10. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94493 2023-02-28T00:00:00-05:00 Whether the subsection 28(4) exception applies to a snowmobile rental during a guided tour in a right to sue application. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94975 2023-02-28T00:00:00-05:00 Determining entitlement criteria for an orthopaedic/hospital bed under the pre-1997 Act and OPM Document No. 17-06-03. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94391 2023-02-24T00:00:00-05:00 Including initial entitlement as a sequential issue in a section 22 time limit extension. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94930 2023-02-23T00:00:00-05:00 Consideration of a worker’s family history as a pre-existing condition for SIEF relief after witnessing the events of a suicide. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94310 2023-02-17T00:00:00-05:00 Conversion of a permanent disability (PD) rating to a Non-Economic Loss (NEL) rating. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94311 2023-02-14T00:00:00-05:00 Delay as a factor in considering reconsideration threshold test. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94913 2023-02-14T00:00:00-05:00 Whether delayed treatment due to anxiety about wearing face mask amounts to non-cooperation. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94859 2023-02-13T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94405 2023-02-10T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94917 2023-02-10T00:00:00-05:00 Time for review under section 44(2.1)(g)(i) - cooperation with ESRTW. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94197 2023-02-02T00:00:00-05:00 Whether re-employment obligation applies to a termination when employer is unaware of injury. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94182 2023-01-31T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94377 2023-01-30T00:00:00-05:00 Consideration of objection to inclusion of Medical Discussion Paper and whether expert witness should be summonsed. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94765 2023-01-23T00:00:00-05:00 Consideration of Board's written direction following Tribunal's referral for review of policy regarding Cancer in Firefighters and Fire Investigators. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93408 2023-01-20T00:00:00-05:00 Determining the Independent Living Allowance (ILA) arrears date when a worker becomes eligible due to psychotraumatic disability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94220 2023-01-20T00:00:00-05:00 Fainting as a chance event and rebuttal of presumption under section 13. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93127 2023-01-19T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92176 2023-01-18T00:00:00-05:00 Entitlement for LOE when worker exceeds age restriction under section 43(1)(b). https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94471 2023-01-17T00:00:00-05:00 A worker granted entitlement for strain injuries arising from the use of an ergonomically unsuitable workstation at home during the COVID-19 pandemic. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94638 2023-01-13T00:00:00-05:00 Time limit for filing of chronic mental stress claim under section 13.1(5) can be extended if extenuating circumstances exist. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92945 2023-01-10T00:00:00-05:00 Whether participation in medical rehabilitation qualifies for CPP-D offset exception, and whether section 126 affects Tribunal jurisdiction over recoverability of overpayments. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94641 2023-01-06T00:00:00-05:00 Meaning of "objectively traumatic" in Traumatic Mental Stress policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94218 2022-12-28T00:00:00-05:00 Entitlement to Commutations of Pensions under the pre-89 Act. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94544 2022-12-28T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93861 2022-12-22T00:00:00-05:00 Sufficiency of detail about specific duties in suitable work offer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93824 2022-12-14T00:00:00-05:00 Non-earning periods of a job sharing program constitute a break in the employment pattern, and are factored out in earnings basis recalculation. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93555 2022-12-13T00:00:00-05:00 Sole proprietor carrying on business in construction under section 12.2 is considered a worker and an employer in a right to sue application. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94571 2022-12-08T00:00:00-05:00 Entitlement for a recurrence of PTSD due to hyper-arousal from increased commute. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94458 2022-12-06T00:00:00-05:00 What is considered "continuous and repetitive" exposure under Gastro-Intestinal Cancer - Asbestos Exposure policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94490 2022-12-05T00:00:00-05:00 Whether concurrent earnings from self-employment with no optional insurance can be included in a long-term earnings basis calculation. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94501 2022-11-30T00:00:00-05:00 Defining "negligence" in a transfer of costs claim where a worker was granted entitlement for traumatic mental stress after witnessing an MVA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94362 2022-11-25T00:00:00-05:00 Factors to be considered in a time limit extension to file a claim under section 22. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93921 2022-11-24T00:00:00-05:00 Distinction between “obese” and “morbidly obese” in determining entitlement to SIEF relief. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93853 2022-11-22T00:00:00-05:00 Consideration of workplace parties' cooperation obligations to maintain communication with each other during ESRTW. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94273 2022-11-21T00:00:00-05:00 Entitlement to travel and escort expenses to pick-up medication from pharmacy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94456 2022-11-14T00:00:00-05:00 Distinguishing hearing loss “notch” from “cookie bite” pattern in audiogram when determining cause of noise induced hearing loss. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94057 2022-11-10T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93111 2022-11-08T00:00:00-05:00 Seasonal Agricultural Worker Program (SAWP) batch appeal; observers, expert testimony and WSIB amicus curiae submissions. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94294 2022-11-08T00:00:00-05:00 Determining whether worker is a “student” prior to the start of a college program, and calculation of average earnings for LOE benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94338 2022-11-01T00:00:00-05:00 Worker’s dependence on family members is considered an exceptional circumstance for entitlement to an ILA and PCA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94320 2022-10-31T00:00:00-05:00 Entitlement for PTSD under presumption for First Responders. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94263 2022-10-28T00:00:00-05:00 Entitlement for a cardiac event due to unusual physical exertion caused by heat and humidity. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93762 2022-10-27T00:00:00-05:00 Right to sue for an injury occurring during employer-mandated overnight trip against the owner of the premises in their personal capacity. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93401 2022-10-24T00:00:00-05:00 Temporal and contextual factors to be considered in Traumatic Mental Stress (TMS) claim where incident was not witnessed first-hand. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93353 2022-10-20T00:00:00-05:00 Whether pleural plaques is a rateable functional impairment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94257 2022-10-20T00:00:00-05:00 Interpretation of statute and regulation in determining earnings basis for apprentice. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93249 2022-10-18T00:00:00-05:00 Whether a safety violation or breach of employer policy removes a worker from the course of employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93679 2022-10-18T00:00:00-05:00 Whether government entities are a separate legal entity from the provincial Crown in a right to sue application. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92481 2022-10-13T00:00:00-05:00 Weighing intoxication against work-related factors in determining whether a worker was in the course of employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93579 2022-10-12T00:00:00-05:00 Whether learning disability enhanced or prolonged the work-related disability for SIEF entitlement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93556 2022-10-07T00:00:00-05:00 Considering surveillance evidence in psychotraumatic disability claim where worker has returned to work. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=87757 2022-10-03T00:00:00-05:00 Application of OPM Document No. 15-03-13, “Posttraumatic Stress Disorder in First Responders and Other Designated Workers." https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93680 2022-10-03T00:00:00-05:00 Distinguishing symptomology and progression of metastatic renal cancer from mesothelioma. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79855 2022-09-27T00:00:00-05:00 Whether "friend exemption" applies for a representative who has a business relationship with a party. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93964 2022-09-27T00:00:00-05:00 Identification of three categories of cases in which resignation or retirement is not a bar to LOE entitlement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93749 2022-09-22T00:00:00-05:00 Six month time limit to appeal triggered by Board reconsideration decision, not original decision, when significant new evidence is considered. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93902 2022-09-19T00:00:00-05:00 Rounding to nearest 5% for ROM ratings in AMA Guides. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=94032 2022-09-19T00:00:00-05:00 Distinguishing interpersonal conflict versus workplace harassment in Chronic Mental Stress (CMS) claim. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91418 2022-09-13T00:00:00-05:00 Entitlement for bronchiectasis on disablement basis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93627 2022-09-13T00:00:00-05:00 Employability for labourer with limited transferable and job search skills. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93968 2022-08-26T00:00:00-05:00 Jurisdiction over section 30 provisions (election) in right to sue application. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91094 2022-08-25T00:00:00-05:00 Time extension application after appeal deemed abandoned under Practice Direction "Closing Appeals by the Tribunal". https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93871 2022-08-19T00:00:00-05:00 Time extension request by estate of deceased unrepresented worker, with interconnected case, under Merits and Justice policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93958 2022-08-19T00:00:00-05:00 Child protection worker - entitlement for Chronic Mental Stress (CMS) based on nature of occupation and predominant cause test. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93385 2022-08-15T00:00:00-05:00 NEL award for Hand-Arm Vibration Syndrome (HAVs) to include neurological results of Current Perception and Purdue Pegboard Tests. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93488 2022-08-12T00:00:00-05:00 Wrongful dismissal - right to sue Schedule 1 employer and Interested Party (employee) for damages for intentional infliction of mental distress. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91878 2022-08-09T00:00:00-05:00 Entitlement to home modification - deck construction and hot tub relocation. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92682 2022-08-02T00:00:00-05:00 Casino card dealer - entitlement for trigger finger. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93231 2022-08-02T00:00:00-05:00 Confirmation of the constitutional validity of section 43(1)(c) of the WSIA in regard to worker’s age. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93873 2022-07-28T00:00:00-05:00 Evaluation of psychotraumatic disability and clarification of sub-ranges for Class 4 marked impairment category. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93884 2022-07-28T00:00:00-05:00 Consideration of the rate of incidence of cancer in employer’s facility in determining entitlement for brain cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92355 2022-07-18T00:00:00-05:00 Surgical tooth extraction resulting in correction of dental issues, and entitlement for NEL. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92921 2022-07-18T00:00:00-05:00 Permanent impairment for nasal fracture and resulting dyspnea. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93687 2022-07-18T00:00:00-05:00 Classification of employer under the North American Industry Classification System (NAICS). https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93770 2022-07-12T00:00:00-05:00 Calculation of actual earnings in variable and commission-based occupation for final LOE review. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93022 2022-07-07T00:00:00-05:00 Entitlement to hydrotherapy in the form of a home swim spa under “Home Modification” policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92947 2022-07-04T00:00:00-05:00 Right to sue in accident occurring while socializing at employer’s premises after hours. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92018 2022-06-29T00:00:00-05:00 Entitlement criteria for recreational vehicle (RV) under “Vehicle Modification” policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93467 2022-06-23T00:00:00-05:00 Right to sue for defamation and punitive damages arising out of wrongful dismissal action. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92938 2022-06-20T00:00:00-05:00 Suitability of modified work where no objective benefit to employer's business. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92962 2022-06-20T00:00:00-05:00 Entitlement for "occasional day off" under recurrence policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93514 2022-06-14T00:00:00-05:00 Limitations regarding quality of surveillance video footage in determining accident occurrence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93549 2022-06-13T00:00:00-05:00 Removal of “acute reaction” requirement to Traumatic Mental Stress policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92464 2022-06-06T00:00:00-05:00 Entitlement for service therapy dog for PTSD on the Merits and Justice. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93472 2022-06-06T00:00:00-05:00 Right to sue applications, abuse of process arising from delay in civil proceedings, and acceptance of facts in Statement of Claim. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93430 2022-06-03T00:00:00-05:00 Whether the workplace significantly contributed to Alcohol Use Disorder (AUD). https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92951 2022-06-02T00:00:00-05:00 Notice to SABs insurers in right to sue applications. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92979 2022-05-19T00:00:00-05:00 Adjournment due to extensive documentation filed at the three week rule. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93474 2022-05-19T00:00:00-05:00 Risk of Hepatitis C infection, and entitlement for Chronic Mental Stress and Traumatic Mental Stress. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90642 2022-05-17T00:00:00-05:00 Interpretation of transitional supplements under section 147(4) of the pre-1997 WCA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92728 2022-05-10T00:00:00-05:00 Injury while walking as chance event. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92308 2022-05-10T00:00:00-05:00 Adjournments and parallel proceedings. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75780 2022-05-06T00:00:00-05:00 Entitlement to benefits for serious injury resulting from worker-initiated altercation. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93189 2022-05-04T00:00:00-05:00 Onset of cellulitis infection without a disruption or break in the skin barrier. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93342 2022-05-02T00:00:00-05:00 Availability of suitable employment during COVID-19 lockdown. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93350 2022-05-02T00:00:00-05:00 Whether a NEL award can be reduced due to pre-existing asymptomatic condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92967 2022-04-27T00:00:00-05:00 Worker’s right to sue over mental stress arising from termination. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93200 2022-04-21T00:00:00-05:00 The experience of pain symptoms versus a worsening of underlying pathology. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92357 2022-04-19T00:00:00-05:00 Entitlement to LOE benefits for parental leave. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92634 2022-04-11T00:00:00-05:00 Present value calculation of interest on permanent disability award. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92887 2022-04-08T00:00:00-05:00 Workplace sexual harassment and criteria for Chronic Mental Stress (CMS) entitlement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93115 2022-04-07T00:00:00-05:00 Alternative diagnoses to Multiple Chemical Sensitivity (MCS). https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92812 2022-04-05T00:00:00-05:00 Entitlement for serious impairment or death under section 17 of the WSIA following worker's serious and willful misconduct. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90422 2022-04-04T00:00:00-05:00 Criteria for Myocardial Infarction entitlement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92151 2022-04-01T00:00:00-05:00 Entitlement for stress-induced Cardiomyopathy & Peripheral Neuropathy as a result of Influenza A. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92544 2022-03-31T00:00:00-05:00 Definition of “work reintegration activity” as exception to CPP offset policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92550 2022-03-31T00:00:00-05:00 Recreational farm activity of worker as suitable occupation. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93110 2022-03-25T00:00:00-05:00 Recalculation of FEL earnings basis for a minor and anticipated earnings. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91022 2022-03-22T00:00:00-05:00 Suitability of modified work, travel, and COVID-19 protocols. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93104 2022-03-23T00:00:00-05:00 Epidemiological evidence and the evaluation of carcinogenic risk. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92279 2022-03-18T00:00:00-05:00 Tribunal jurisdiction over deceased worker and FLA claimants' right to sue. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92436 2022-03-18T00:00:00-05:00 Repetitive strain injury entitlement without established diagnosis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92607 2022-03-17T00:00:00-05:00 Exceptional circumstances allowing retroactive change to employer classification. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=93040 2022-03-11T00:00:00-05:00 Whether retired paralegal came within exemption for a friend. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90974 2022-03-10T00:00:00-05:00 Interpretation of disc "lesion" under AMA Guides. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92551 2022-03-14T00:00:00-05:00 Implicit jurisdiction, deemed denial and health care. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92939 2022-03-03T00:00:00-05:00 Entitlement to home modification on a "more than once-only" basis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92906 2022-03-01T00:00:00-05:00 Noise-induced hearing loss and responsible employer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91973 2022-02-28T00:00:00-05:00 Exceptional circumstances for extending time for filing a claim. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92307 2022-02-24T00:00:00-05:00 Traumatic mental stress and employer actions. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92927 2022-02-24T00:00:00-05:00 Traumatic mental stress and whether it arose out of and in the course of employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90550 2022-02-25T00:00:00-05:00 Referral to Board for review of policy regarding Cancers in Firefighters and Fire Investigators. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90938 2022-02-25T00:00:00-05:00 Entitlement to LOE benefits considering surgery, resolution of injury, and credibility. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91831 2022-02-16T00:00:00-05:00 Entitlement for CPD where pain is in both compensable and non-compensable areas. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92344 2022-02-15T00:00:00-05:00 Use of the statutory minimum for partial LOE. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92835 2022-02-11T00:00:00-05:00 Board policies on vehicle modifications and support dogs. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92583 2022-02-08T00:00:00-05:00 Psychotraumatic disability and suicide as a consequence of injury. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91114 2022-02-03T00:00:00-05:00 Reliance on Board Policy and Practice Documents versus other content on Board website. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92743 2022-01-24T00:00:00-05:00 Reimbursement for union dues or private health insurance premiums as healthcare benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92130 2022-01-18T00:00:00-05:00 Right to Sue - Section 29 and Pre-existing Conditions https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92681 2022-01-18T00:00:00-05:00 Entitlement for influenza. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92726 2022-01-18T00:00:00-05:00 Gastroesophageal junction cancer and asbestos exposure. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92203 2022-01-13T00:00:00-05:00 Severity of accident for SIEF entitlement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92353 2022-01-11T00:00:00-05:00 Determination of worker's right to sue where action not brought by worker's estate, survivors, or dependents. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91605 2022-01-06T00:00:00-05:00 Recalculation of long-term earnings basis to include overtime. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91985 2022-01-06T00:00:00-05:00 Entitlement to reimbursement for medical marijuana purchased before and after March 1, 2019. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92540 2022-01-06T00:00:00-05:00 Adjournment due to COVID-19 restrictions. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92611 2022-01-05T00:00:00-05:00 Entitlement for cannabis under Board policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92657 2021-12-29T00:00:00-05:00 Accident date in occupational disease claim. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89867 2021-12-23T00:00:00-05:00 Failure to report material change. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90582 2021-12-22T00:00:00-05:00 Fainting - statutory presumption - added peril. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92204 2021-12-21T00:00:00-05:00 Personal Care Allowance for attendant while travelling to social activity. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92333 2021-12-16T00:00:00-05:00 Distinction between new evidence and reply evidence on reconsideration. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89347 2021-12-15T00:00:00-05:00 Tribunal jurisdiction over sequential issue. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91677 2021-12-09T00:00:00-05:00 Chronic mental stress and interpersonal conflict. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92069 2021-12-09T00:00:00-05:00 Loss of earnings after termination for cause. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91716 2021-12-02T00:00:00-05:00 Suitable occupation and surveillance evidence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92382 2021-11-29T00:00:00-05:00 Meaning of "repetitive" in Carpal Tunnel Syndrome Medical Discussion Paper. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92394 2021-11-26T00:00:00-05:00 Entitlement for mallet finger and swan neck deformity. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92412 2021-11-22T00:00:00-05:00 Entitlement for flat feet. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91719 2021-11-17T00:00:00-05:00 In the course of employment – access roads. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90845 2021-11-12T00:00:00-05:00 Entitlement for pleural plaques. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92296 2021-11-12T00:00:00-05:00 Exposure to herbicides; lung cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91502 2021-11-08T00:00:00-05:00 Entitlement for adverse effects of a vaccine. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92196 2021-11-08T00:00:00-05:00 Employer’s re-employment obligation and worker non-cooperation. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92190 2021-11-03T00:00:00-05:00 Predominant cause in chronic mental stress policy and mootness doctrine. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92180 2021-11-02T00:00:00-05:00 Entitlement to second LMR plan. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91610 2021-10-27T00:00:00-05:00 Entitlement for myofascial pain syndrome on an organic basis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90975 2021-10-25T00:00:00-05:00 Entitlement for sarcoidosis due to mold. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91798 2021-10-21T00:00:00-05:00 Traumatic mental stress and thin skull principle. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91522 2021-10-18T00:00:00-05:00 In the course of employment - social event. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91337 2021-10-14T00:00:00-05:00 100% SIEF cost relief. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=92197 2021-10-13T00:00:00-05:00 Implicit jurisdiction. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91038 2021-10-05T00:00:00-05:00 Suitability of offer of modified work at home. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91607 2021-10-04T00:00:00-05:00 Right to sue - contemporaneity of actions of workers of two employers. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91487 2021-09-29T00:00:00-05:00 Burial expenses - travel to funeral. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91935 2021-09-22T00:00:00-05:00 Determination of relevant employer for application of the fatal claim premium adjustment policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91968 2021-09-22T00:00:00-05:00 Cumulative effect of pre-existing conditions in determining SIEF relief. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91989 2021-09-17T00:00:00-05:00 Time extensions - effect of suspension of limitation periods during COVID-19. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91942 2021-09-10T00:00:00-05:00 Request for reconsideration arising from subsequent Board decision. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91345 2021-09-09T00:00:00-05:00 In the course of employment - personal activity. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90701 2021-09-07T00:00:00-05:00 Significant contribution of compensable accident to death. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91933 2021-09-03T00:00:00-05:00 Entitlement to medical marijuana for treatment of PTSD. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91314 2021-08-30T00:00:00-05:00 Right to sue applications: exceptions for lessors under s. 28(4) WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91231 2021-08-26T00:00:00-05:00 Jurisdiction of Tribunal over access to non-medical documentation in worker's file. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91500 2021-08-24T00:00:00-05:00 Determination of applicable version of Board policy for pre-existing condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91194 2021-08-20T00:00:00-05:00 Weighing medical evidence following Ferreira v. Workplace Safety and Insurance Appeals Tribunal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91836 2021-08-16T00:00:00-05:00 Use of Board industry questionnaires for determining worker or independent operator status. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90984 2021-08-13T00:00:00-05:00 Statutory interpretation principles and meaning of "principal residence" in home modification policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90891 2021-08-11T00:00:00-05:00 In the course of employment - parking lots and instruments of added peril. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91017 2021-08-06T00:00:00-05:00 Notice of downside risk. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90418 2021-08-04T00:00:00-05:00 Earnings basis for dependent contractor and retroactivity of policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91205 2021-08-04T00:00:00-05:00 Charter challenge to definition of severely impaired worker in ILA and PCA policies. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91118 2021-07-29T00:00:00-05:00 Arising out of employment - reasonably incidental activity. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91712 2021-07-23T00:00:00-05:00 Whether to adjust LOE benefits due to post-accident non-work related changes in circumstances. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90493 2021-07-21T00:00:00-05:00 Statutory presumption and seizures. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=87795 2021-07-16T00:00:00-05:00 Admissibility of summary of proceedings under the Regulated Health Professions Act. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91549 2021-07-06T00:00:00-05:00 Worker's request to withdraw appeal pursuant to agreement between worker and employer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90916 2021-07-02T00:00:00-05:00 Aggravation Basis policy and initial entitlement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91226 2021-07-02T00:00:00-05:00 Tribunal's jurisdiction in claim for traumatic mental stress and chronic mental stress. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90536 2021-06-30T00:00:00-05:00 Approach to use in determining entitlement to LOE following termination of employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89838 2021-06-22T00:00:00-05:00 Consideration of entitlement to interest on payments arising out of a legislative amendment in a pre-1990 claim. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91215 2021-06-15T00:00:00-05:00 Transfer of costs and negligence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90810 2021-06-15T00:00:00-05:00 Chronic Mental Stress policy and credibility. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91488 2021-06-15T00:00:00-05:00 Standing of insurer that was not respondent's insurer to bring right to sue application. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91407 2021-06-03T00:00:00-05:00 Chronic mental stress and exceptions for decisions or actions of employer and interpersonal conflicts. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91317 2021-06-02T00:00:00-05:00 Use of written report of video surveillance evidence in determining breach of re-employment obligation. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90980 2021-05-28T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90034 2021-05-21T00:00:00-05:00 Whether worker's surviving spouse was entitled to home modifications as part of LMR under section 48 of WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91214 2021-05-20T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91258 2021-05-18T00:00:00-05:00 Whether NEL adjustment resulting from Board-wide NEL remediation process constituted NEL redetermination. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91223 2021-05-06T00:00:00-05:00 Whether Tribunal had jurisdiction to deal with issue of suitability of SO in appeal of LOE benefits at final review. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90399 2021-05-04T00:00:00-05:00 Entitlement for opioid dependency. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90134 2021-04-29T00:00:00-05:00 Learners and unpaid trainees under the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91119 2021-04-29T00:00:00-05:00 Use of uninsured income from pre-accident self-employment to mitigate wage loss, and appropriateness of pre-accident self-employment as a suitable occupation. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90950 2021-04-26T00:00:00-05:00 Whether premiums should be reimbursed following cancellation of personal coverage. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91110 2021-04-26T00:00:00-05:00 Status of an executive officer who was performing duties of a worker at the time of an accident. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89845 2021-04-20T00:00:00-05:00 Consideration of entitlement for chronic mental stress resulting from co-worker’s unauthorized tracking and recording of worker’s movements. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91018 2021-04-20T00:00:00-05:00 Entitlement to medication not listed on Board's drug formulary. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90737 2021-04-15T00:00:00-05:00 Medical evidence necessary to establish severity of pre-existing conditions for SIEF relief. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=91062 2021-04-15T00:00:00-05:00 Drug treatment and legitimate reasons for non-cooperation with LMR program. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90774 2021-04-14T00:00:00-05:00 Onus of proof in Board and Tribunal proceedings; consideration of entitlement and re-employment obligations following incarceration of worker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85842 2021-04-12T00:00:00-05:00 Application of Coverage for part of an operation section in Employer by Application policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90884 2021-04-01T00:00:00-05:00 Effect of failure to list issue on Appeal Readiness Form; procedure on reconsideration of abuse of process decision. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89676 2021-03-24T00:00:00-05:00 Whether NEL award should be reduced for preexisting knee arthritis under Table 40 of the AMA Guides. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90519 2021-03-22T00:00:00-05:00 Consideration of chronic obstructive pulmonary disease threshold and apportionment for smoking. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90199 2021-03-22T00:00:00-05:00 Time limits for filing evidence and Confirmation of Appeal and issue estoppel. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90505 2021-03-19T00:00:00-05:00 Classification of construction company with associated development company and classification of insurable earnings under various contracts. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88114 2021-03-15T00:00:00-05:00 Consideration of distinction between chronic pain disability and fibromyalgia. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90867 2021-03-12T00:00:00-05:00 Consideration of ongoing entitlement for psychological treatment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90717 2021-03-11T00:00:00-05:00 Whether licensing fees introduced after completion of a labour market re-entry program should be reimbursed. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90768 2021-03-11T00:00:00-05:00 Whether a right of action was taken away regarding injuries for which workers' compensation benefits would not be available. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90818 2021-03-10T00:00:00-05:00 Functional abnormality in the absence of documented loss of range of motion. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90700 2021-03-09T00:00:00-05:00 Discussion of the Tribunal's Early Intervention Program (EIP). https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90625 2021-03-08T00:00:00-05:00 Consideration of entitlement for an injury by chance event. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90185 2021-03-04T00:00:00-05:00 Consideration of entitlement for chronic mental stress. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89452 2021-02-26T00:00:00-05:00 Consideration of air conduction and bone conduction values for sensorineural hearing loss. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90619 2021-02-26T00:00:00-05:00 Whether the Tribunal is required to provide notice of downside risk in an SIEF appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90104 2021-02-11T00:00:00-05:00 Tribunal jurisdiction over elections in a right to sue application. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=87992 2021-02-22T00:00:00-05:00 Whether a Schedule 2 employer was responsible for the costs of a claim. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90102 2021-02-08T00:00:00-05:00 Examination-in-chief of the worker in an employer appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90561 2021-02-08T00:00:00-05:00 Rating of post-traumatic stress disorder under the Board policy for psychotraumatic disability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89942 2021-01-29T00:00:00-05:00 Entitlement to review of the additional amount under s. 147(14) of the pre-1997 Act. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90117 2021-01-29T00:00:00-05:00 Consideration of the assessment year to which a retroactive experience rating adjustment should be applied. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89693 2021-01-28T00:00:00-05:00 Determination of accumulated investment income for purposes of retroactive contributions to loss of retirement income fund. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89914 2021-01-28T00:00:00-05:00 Calculation of the earnings basis for determination of survivor benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90064 2021-01-22T00:00:00-05:00 Jurisdiction of the Tribunal over administrative decisions of the Board. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90098 2021-01-22T00:00:00-05:00 Determination of whether a Charter challenge was moot. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90141 2021-01-21T00:00:00-05:00 Consideration of employer classification and ancillary workers. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90522 2021-01-20T00:00:00-05:00 Consideration of the standard of proof for survivor benefits entitlement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90462 2021-01-08T00:00:00-05:00 Entitlement of employer to 0% SIEF relief. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90005 2021-01-06T00:00:00-05:00 Classification of employer with business activities in Schedule 1 rate groups with compulsory and non-compulsory coverage. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88428 2021-01-04T00:00:00-05:00 Consideration of the jurisdiction of the Tribunal to consider sequential issues. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89844 2020-12-31T00:00:00-05:00 Questioning of the appellant worker by the vice-chair hearing the appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90366 2020-12-17T00:00:00-05:00 Whether release of a leading case on an issue was grounds for reconsideration of a decision. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89563 2020-12-15T00:00:00-05:00 A decision considering the transitional provisions in the WSIA respecting referrals of mental stress cases https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89767 2020-12-03T00:00:00-05:00 Consideration of entitlement for cannabis under Board policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89991 2020-11-23T00:00:00-05:00 Determination of the earnings basis of an apprentice. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80649 2020-11-18T00:00:00-05:00 Whether the Tribunal should pursue an application for reconsideration on its own initiative after the applicant declined to continue with the application. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=90067 2020-11-17T00:00:00-05:00 Consideration of entitlement for traumatic mental stress as a result of a sexual assault. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89698 2020-11-05T00:00:00-05:00 Adjudication of a mental stress case after referral back to the Board under amendments to the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89953 2020-11-02T00:00:00-05:00 Jurisdiction over time limit issue implicitly dealt with by the Board. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86456 2020-10-29T00:00:00-05:00 Consideration of claimed expert opinion referred to only in submissions. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89891 2020-10-20T00:00:00-05:00 Whether the right of action was taken away against an employer that transferred from Schedule 2 to Schedule 1. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86176 2020-10-19T00:00:00-05:00 Whether work was for purposes of an employer's industry. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85576 2020-10-06T00:00:00-05:00 Role of expert medical opinion. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89839 2020-10-02T00:00:00-05:00 Whether the right of action was taken away regarding an accident in an aircraft while working out of Ontario. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88447 2020-09-22T00:00:00-05:00 Procedure when there is a Charter issue; procedure when an applicable Board policy was not included in Board policy package. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89620 2020-09-22T00:00:00-05:00 Whether a type III acromion was a pre-existing condition for SIEF purposes. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89692 2020-09-11T00:00:00-05:00 Consideration of weight to be given to surveillance evidence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=78635 2020-09-10T00:00:00-05:00 Procedure for determining the appeal to be suitable for an in-person hearing during COVID-19. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89750 2020-09-02T00:00:00-05:00 Consideration of an objection to the COVID-19 hearing format selected by the Tribunal for the appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89523 2020-08-11T00:00:00-05:00 Comparison of Board policies on recurrences and pre-existing conditions. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84222 2020-08-25T00:00:00-05:00 Entitlement for recurrences under different Board policies. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89662 2020-08-21T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89278 2020-08-11T00:00:00-05:00 Whether an emergency services dispatcher had entitlement for traumatic mental stress. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89703 2020-08-06T00:00:00-05:00 Whether the worker had entitlement for psychotraumatic disability as a result of a traumatic brain injury. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79884 2020-08-05T00:00:00-05:00 Consideration of entitlement for surgery out of Ontario. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85663 2020-07-10T00:00:00-05:00 Whether a worker's death resulted from a compensable injury. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89433 2020-07-10T00:00:00-05:00 Whether, in the circumstances, obesity and smoking were pre-existing conditions for purposes of SIEF relief. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89667 2020-07-29T00:00:00-05:00 Application of the merits and justice to the Board's Fatal Claim Premium Adjustment policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88665 2020-07-27T00:00:00-05:00 Classification of security services provided by an employer in a by-application industry. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88419 2020-07-24T00:00:00-05:00 Consideration of entitlement following termination of employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89504 2020-07-24T00:00:00-05:00 Consideration of an objection to the COVID-19 hearing format selected by the Tribunal for the appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89502 2020-07-22T00:00:00-05:00 Whether a decision of the College of Physicians and Surgeons of Ontario regarding a doctor is admissible in a Tribunal appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88131 2020-06-26T00:00:00-05:00 Consideration of entitlement for traumatic mental stress. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89498 2020-06-26T00:00:00-05:00 Payment of rent differential as a health care measure. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89127 2020-06-19T00:00:00-05:00 Review of prior Tribunal case law and criteria of entitlement for medical marijuana, prior to introduction of Board policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89153 2020-06-18T00:00:00-05:00 Adoption of broad interpretation of jurisdiction over issues on appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88345 2020-06-01T00:00:00-05:00 Consideration of a right to sue application regarding an action in Ontario concerning an accident the occurred out of Ontario. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85838 2020-05-29T00:00:00-05:00 Whether a decision gave sufficient reasons regarding consideration of evidence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89014 2020-05-28T00:00:00-05:00 Whether an employer was entitled to retroactive adjustment of its experience rating account to reflect SIEF relief. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88992 2020-05-25T00:00:00-05:00 Consideration of Board policies for Home Modification, Independent Living Devices, and Independent Living Allowance. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89251 2020-05-15T00:00:00-05:00 Whether an explicit directive memo from an ARO constituted a "decision." https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89325 2020-05-04T00:00:00-05:00 Consideration of air conduction and bone conduction measurements for sensorineural hearing loss. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89091 2020-05-06T00:00:00-05:00 Osteoporosis arising from medication prescribed for a compensable condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73713 2020-04-30T00:00:00-05:00 Casual workers under the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88261 2020-04-30T00:00:00-05:00 Whether to investigate further and whether to apply the benefit of doubt. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89177 2020-04-29T00:00:00-05:00 Entitlement for traumatic mental stress granted in a situation of assault occurring in workplace which arose from a domestic dispute. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88680 2020-04-27T00:00:00-05:00 Whether a plaintiff, who did not have notice of a right to sue application, was entitled to a reconsideration. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84592 2020-04-23T00:00:00-05:00 Analysis and weight of medical evidence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89199 2020-04-23T00:00:00-05:00 Consideration of appropriateness of health care. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88664 2020-04-22T00:00:00-05:00 Consideration of entitlement for leukemia. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88604 2020-04-24T00:00:00-05:00 Identification of the accident date and the accident employer in a disablement case. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88420 2020-04-21T00:00:00-05:00 Determination of a worker's long-term earnings basis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88474 2020-04-17T00:00:00-05:00 Entitlement to LOE benefits when a worker was no longer working at the time of compensable surgery. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88440 2020-04-14T00:00:00-05:00 Consideration of what constitutes constant and debilitating pain for purposes of entitlement for medical marijuana. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89190 2020-04-14T00:00:00-05:00 Determination of the earnings basis of a worker with short length of employment with the accident employer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88579 2020-04-09T00:00:00-05:00 Section 63 agreements between workers and Schedule 2 employers. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88381 2020-04-15T00:00:00-05:00 Consideration of an employer's entitlement to a retroactive experience rating account adjustment after being granted SIEF relief. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88806 2020-04-15T00:00:00-05:00 Consideration of an employer's entitlement to a retroactive experience rating account adjustment after being granted SIEF relief. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89067 2020-04-15T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88624 2020-03-27T00:00:00-05:00 Considerations in ordering a Tribunal medical assessor. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88987 2020-04-06T00:00:00-05:00 Determination of the long-term earnings basis of a dependent contractor. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88807 2020-03-24T00:00:00-05:00 Consideration of an employer's entitlement to a retroactive experience rating account adjustment after being granted SIEF relief. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88999 2020-03-24T00:00:00-05:00 A recent case of 50% CPP offset of a LOE award. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89097 2020-03-26T00:00:00-05:00 SIEF and PTSD. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89231 2020-03-26T00:00:00-05:00 Consideration of arrears date for an independent living allowance. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89137 2020-03-23T00:00:00-05:00 Consideration of entitlement for multiple chemical sensitivity. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85853 2020-03-20T00:00:00-05:00 Whether an accident was a new accident or a secondary condition resulting from an earlier accident. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88991 2020-03-19T00:00:00-05:00 Consideration of an employer's premises in a multi-storey building. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88015 2020-03-18T00:00:00-05:00 Determination of whether a claim was active in a particular year. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=89136 2020-03-17T00:00:00-05:00 Whether to refer a claim for mental stress back to the Board. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88846 2020-03-12T00:00:00-05:00 Whether to use the matrix or the 50% SIEF relief provision in the Board's SIEF policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88320 2020-03-16T00:00:00-05:00 Determination of pre-injury and post-injury earnings of a volunteer firefighter. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86223 2020-03-03T00:00:00-05:00 Impact of older worker option on the identified SO. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=87928 2020-03-02T00:00:00-05:00 Whether to transfer the costs of a claim to the property manager or maintenance company where an accident occurred. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88550 2020-02-28T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88875 2020-02-27T00:00:00-05:00 Consideration of the standard for reconsideration. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88607 2020-02-12T00:00:00-05:00 A recent decision on pre-existing conditions and pre-accident disabilities under the SIEF policy https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88794 2020-02-06T00:00:00-05:00 Whether there is an obligation to consider prior Tribunal decisions that were not raised by a party. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88560 2020-01-23T00:00:00-05:00 Earnings basis for a student where prospects of completing education are doubtful https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88180 2020-01-22T00:00:00-05:00 Sustainability of employment where majority of earnings in modified job are tips https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88283 2020-01-22T00:00:00-05:00 Whether there was a conflict of interest in a former Board employee representing the worker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88007 2020-01-20T00:00:00-05:00 Consideration of criteria for a recurrence under Board policies. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88516 2020-01-20T00:00:00-05:00 Consideration of entitlement under Board policies for secondary conditions and recurrences. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88600 2020-01-16T00:00:00-05:00 Consideration of the medical significance of pre-existing conditions for purposes of SIEF relief. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88409 2020-01-07T00:00:00-05:00 Determination of LOE benefits at the final review for a worker who was working but not in a SEB-identified job. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83964 2020-01-02T00:00:00-05:00 Consideration of entitlement for lung cancer for a worker in the rubber industry. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86559 2020-01-02T00:00:00-05:00 Pension assessment after knee replacement surgery. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=87793 2019-12-20T00:00:00-05:00 Factors in consideration of reduction of a re-employment penalty against an employer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88055 2019-12-20T00:00:00-05:00 Consideration of review and reduction of a personal care allowance. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85801 2019-12-19T00:00:00-05:00 Consideration of the principle of proportionality in determining whether to obtain an independent medical assessment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86376 2019-12-13T00:00:00-05:00 Calculation of the earnings basis for a volunteer firefighter. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85146 2019-12-05T00:00:00-05:00 Whether future costs of a claim should be removed from an employer's NEER experience rating account. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=88382 2019-12-02T00:00:00-05:00 Consideration of entitlement for complex regional pain syndrome and chronic pain disability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85569 2019-11-27T00:00:00-05:00 Interpretation of the Board's SIEF policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85719 2019-11-20T00:00:00-05:00 Consideration of entitlement for traumatic mental stress and chronic mental stress. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86289 2019-11-19T00:00:00-05:00 Consideration of weight of medical evidence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86131 2019-11-13T00:00:00-05:00 Consideration of credibility in determining genuineness of chronic pain disability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86461 2019-11-06T00:00:00-05:00 Whether offset of LOE benefits by the amount of CPP disability benefits was allowed after the final 72-month review. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=87769 2019-11-04T00:00:00-05:00 Consideration of factors in determining admissibility of an expert report. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85915 2019-10-29T00:00:00-05:00 Consideration of principles of causation and epidemiological evidence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86323 2019-10-28T00:00:00-05:00 Thresholds for entitlement to benefits and to a NEL award for noise-induced hearing loss. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86539 2019-10-18T00:00:00-05:00 Whether, in the circumstances, the right to sue for wrongful dismissal was taken away. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86374 2019-10-17T00:00:00-05:00 Consideration of admissibility of certain materials in a right to sue application. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86251 2019-10-03T00:00:00-05:00 Consideration of entitlement for aggravation of pre-existing calcific tendonitis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86433 2019-10-02T00:00:00-05:00 Consideration of Board policy regarding noise-induced hearing loss. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86074 2019-09-25T00:00:00-05:00 Importance for Tribunal assessor to accept findings of fact made by the hearing panel. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86220 2019-09-20T00:00:00-05:00 Requirements for conviction under s. 149(2) of the WSIA for willfully failing to inform the Board of a material change in circumstances. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86427 2019-09-20T00:00:00-05:00 Determination of the arrears date for an independent living allowance. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86011 2019-09-17T00:00:00-05:00 Determination of the average earnings of a student. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86005 2019-09-05T00:00:00-05:00 Apportionment of costs of a claim between construction employers. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83544 2019-09-04T00:00:00-05:00 Eligibility to receive s. 147(4) supplementary benefits under one claim and FEL benefits under a subsequent claim. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85921 2019-08-19T00:00:00-05:00 Consideration of suitable and available employment for a worker employed under the Seasonal Agricultural Workers Program. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83113 2019-08-09T00:00:00-05:00 Whether the worker's degenerative disc disease was a disablement related to heavy work. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83385 2019-08-08T00:00:00-05:00 Rating of COPD under the AMA Guides. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86001 2019-07-29T00:00:00-05:00 Determination of the severity of an accident for purposes of SIEF relief. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86469 2019-07-29T00:00:00-05:00 Whether an unlicensed representative should be allowed to represent a worker on the basis of the exemption for a friend. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85875 2019-07-09T00:00:00-05:00 Whether termination pay received by a worker should be deducted from the worker's LOE benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85876 2019-07-05T00:00:00-05:00 Interpretation of the term "condition" in the Board's SIEF policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84190 2019-07-03T00:00:00-05:00 Tribunal jurisdiction with regard to NEL reassessments. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85506 2019-06-28T00:00:00-05:00 Determination of the contents of the Assessor Brief to be sent to a Tribunal medical assessor. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85687 2019-06-28T00:00:00-05:00 Whether the right of action in Ontario was taken away with respect to an accident out of Ontario. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86211 2019-06-26T00:00:00-05:00 Standard of proof in workers' compensation proceedings. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=86241 2019-06-26T00:00:00-05:00 Whether a decision gave adequate reasons for preferring of some evidence over other evidence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85659 2019-06-21T00:00:00-05:00 Whether there was denial of natural justice due to lack of an interpreter. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85325 2019-06-19T00:00:00-05:00 Whether an employer appeal of a decision granting a worker entitlement for mental stress should be referred back to the Board. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85193 2019-06-06T00:00:00-05:00 Whether the worker was entitled to LOE benefits following termination of employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84020 2019-05-29T00:00:00-05:00 Whether a NEL award for chronic obstructive pulmonary disease should be apportioned between occupational exposure and smoking. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85960 2019-05-17T00:00:00-05:00 Status of an executive officer who was performing duties of a worker at the time of an accident. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85638 2019-05-15T00:00:00-05:00 Whether plaintiff in a civil case was in the course of employment while travelling to a work site. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84983 2019-05-14T00:00:00-05:00 Rehearing, after a reconsideration is granted, is on the merits of the appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85907 2019-05-13T00:00:00-05:00 Whether a person was a common law spouse of a deceased worker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83112 2019-05-08T00:00:00-05:00 Determination of the earnings basis of a student, including the date for recalculation. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=82102 2019-04-30T00:00:00-05:00 Whether a paralegal under administrative suspension could act as a representative. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85636 2019-04-23T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85240 2019-04-09T00:00:00-05:00 Whether the costs of an occupational disease claim could be apportioned between employers in the circumstances. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84355 2019-04-03T00:00:00-05:00 Consideration of weight to be given to a medical report. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85596 2019-04-03T00:00:00-05:00 Whether the worker was entitled to review of LOE benefits after expiry of the 72-month review period. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85224 2019-03-26T00:00:00-05:00 Consideration of entitlement for Alzheimer's disease as a result of occupational exposure. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76549 2019-03-22T00:00:00-05:00 SIEF relief, related to worker with post-traumatic stress disability, based on prior vulnerability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85374 2019-03-21T00:00:00-05:00 Retroactivity of the offset of LOE benefits by the amount of CPP disability benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84841 2019-03-20T00:00:00-05:00 Whether reduction of survivor benefits under the WSIA to reflect CPP survivor benefits violated the Charter of Rights. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85187 2019-03-19T00:00:00-05:00 Extended period of retroactivity of premium adjustment due to lack of full disclosure by the employer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84505 2019-03-08T00:00:00-05:00 Whether the worker's death by suicide was a result of a compensable injury. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73202 2019-03-08T00:00:00-05:00 Whether the Board's Fatal Claim Premium Adjustment Policy violated the Charter of Rights. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85196 2019-03-08T00:00:00-05:00 Application of the Ontario Rating Schedule for a pension assessment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85255 2019-02-27T00:00:00-05:00 Whether an employer was entitled to retroactive adjustment of its experience rating account to reflect SIEF relief granted by the Tribunal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=85071 2019-02-14T00:00:00-05:00 Whether to admit into evidence a report from a doctor that was obtained without anonymizing the file. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=77975 2019-02-13T00:00:00-05:00 Requirements of Board policy for the older worker option. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83776 2019-02-13T00:00:00-05:00 Whether FEL benefits could be offset by the amount of CPP disability benefits after the final FEL review. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84426 2019-02-05T00:00:00-05:00 Determination of LOE benefits for a worker who suffered a post-accident non-compensable impairment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84656 2019-02-05T00:00:00-05:00 Transfer of a portion of the costs of a claim from the accident employer to another employer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84192 2019-01-28T00:00:00-05:00 Whether a worker was eligible for a FEL determination. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84859 2019-01-23T00:00:00-05:00 Requirement to apply applicable Board policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84927 2019-01-16T00:00:00-05:00 Whether right of action was taken away regarding legal fees in defending criminal charges. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=82979 2019-01-15T00:00:00-05:00 Requirements for transfer from Schedule 2 to Schedule 1 under s. 74 of the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84786 2018-12-27T00:00:00-05:00 Entitlement to LOE benefits where a worker was not working prior to a deterioration after the final review. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83214 2018-12-18T00:00:00-05:00 Whether to include certain EI benefits in average earnings, as analogous to a work-sharing or job creation program within Board policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83643 2018-12-18T00:00:00-05:00 Review of LOE benefits after 72 months due to significant temporary deterioration. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83898 2018-12-18T00:00:00-05:00 Whether an employer appeal of a decision granting a worker entitlement for mental stress should be referred back to the Board. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84737 2018-12-18T00:00:00-05:00 Entitlement of a firefighter for cancer, when the presumption did not apply. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84761 2018-12-13T00:00:00-05:00 Whether a widow was entitled to represent the estate of the deceased worker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81470 2018-12-11T00:00:00-05:00 Adoption of robust and pragmatic approach to the evidence in order to determine entitlement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83701 2018-12-04T00:00:00-05:00 Entitlement to LOE benefits where a worker was not working prior to a deterioration after the final review. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83009 2018-11-28T00:00:00-05:00 Calculation of LOE benefits for a worker who moved out of Ontario. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83516 2018-11-23T00:00:00-05:00 Whether a claim for recurrence of mental stress should be referred back to the Board. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80000 2018-11-09T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84166 2018-11-08T00:00:00-05:00 Whether a worker had entitlement for asbestosis, considering Schedule 4 and Board policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81836 2018-11-01T00:00:00-05:00 Application of the presumption for a firefighter with cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83608 2018-10-18T00:00:00-05:00 Whether a worker who arrived at work early was in the course of employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83679 2018-10-17T00:00:00-05:00 Whether and individual was a learner and, thus, a worker within the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83917 2018-10-11T00:00:00-05:00 SIEF relief in the case of a worker exposed to vibratory hazards. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=84013 2018-10-02T00:00:00-05:00 Consideration of entitlement to loss of earnings benefits after termination of employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69705 2018-10-01T00:00:00-05:00 Whether a worker was entitled to the older worker option. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83349 2018-10-01T00:00:00-05:00 Whether LOE benefits could be offset by the amount of CPP disability benefits after the final LOE review. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83026 2018-09-27T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83862 2018-09-19T00:00:00-05:00 Consideration of surveillance evidence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=82348 2018-09-13T00:00:00-05:00 Whether to exclude a person from the hearing during other testimony. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81341 2018-08-31T00:00:00-05:00 Whether a worker had entitlement for a repetitive strain injury. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83151 2018-08-30T00:00:00-05:00 Whether a NEL award should be reduced due to a symptomatic pre-existing condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=82303 2018-08-20T00:00:00-05:00 Purpose of the phrase "subject to statutory review" in the disposition of appeals regarding LOE benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83080 2018-08-10T00:00:00-05:00 Whether a judicial review of a different Tribunal decision was determinative of the constitutional issue on appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81392 2018-07-30T00:00:00-05:00 Whether there was a right to sue a Schedule 1 employer regarding acts of omission by its workers. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75496 2018-07-25T00:00:00-05:00 Whether severance pay received by a worker should be deducted from the worker's LOE benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81494 2018-07-20T00:00:00-05:00 Consideration of the paralegal licensing exemption for a volunteer representative of a trade union. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80946 2018-07-16T00:00:00-05:00 Breach of re-employment obligations in the construction industry, and entitlement to payments for up to one year. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81773 2018-07-12T00:00:00-05:00 Consideration of entitlement to survivor benefits under the pre-1985 Act. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=82807 2018-07-12T00:00:00-05:00 Adequacy of a work transition program. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81775 2018-07-09T00:00:00-05:00 Whether a mental stress claim should be referred back to the Board pursuant to amendments to the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=82842 2018-06-29T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=83035 2018-06-27T00:00:00-05:00 A mental stress claim under the pre-1997 Act was not referred back to the Board under amendments to the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=82997 2018-06-26T00:00:00-05:00 Calculation of an employer's premiums and surcharge when migrating from the MAPP experience rating plan to the NEER experience rating plan. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=82109 2018-06-25T00:00:00-05:00 Allocation of costs of a claim for occupational disease. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81455 2018-06-22T00:00:00-05:00 Consideration of entitlement for a fatal heart condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81410 2018-06-19T00:00:00-05:00 Entitlement to LOE benefits where a worker was not working prior participating in a Board-approved health care program. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81637 2018-06-19T00:00:00-05:00 Compulsory coverage in the construction industry and the exemption for an executive officer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81674 2018-06-19T00:00:00-05:00 Rating of permanent impairment for a condition not listed in the AMA Guides. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79853 2018-06-15T00:00:00-05:00 Whether a worker was able to commute for modified work. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=82746 2018-06-14T00:00:00-05:00 Entitlement to LOE benefits where a worker was not working at the time of surgery for a compensable recurrence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=82721 2018-06-08T00:00:00-05:00 Consideration of entitlement for a recurrence of mental stress. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79946 2018-06-07T00:00:00-05:00 Whether a worker was in the course of employment while on a lunch break. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=82371 2018-06-04T00:00:00-05:00 Whether there was breach of regulations under the Occupational Health and Safety Act that would warrant transfer of the costs of a claim. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79144 2018-05-25T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81014 2018-05-18T00:00:00-05:00 Consideration of entitlement for non-Hodgkin's lymphoma as a result of exposure in the printing industry. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70455 2018-05-17T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81840 2018-05-17T00:00:00-05:00 Types of allowable expenses related to a work transition plan. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81956 2018-05-14T00:00:00-05:00 Whether there was a right of action against an employer and executive officer regarding sexual assault by a supervisor. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79854 2018-05-11T00:00:00-05:00 Entitlement for health care in the form of maintenance treatment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=82146 2018-05-04T00:00:00-05:00 Apportionment of a NEL award due to a pre-existing condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76455 2018-05-03T00:00:00-05:00 Consideration of the AMA Guides provisions for intravertabral discs and other soft tissue lesions. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80171 2018-05-03T00:00:00-05:00 Jurisdiction of the Tribunal to confirm, vary or reverse a decision of the Board. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=82093 2018-05-02T00:00:00-05:00 Determination of who should represent the deceased worker's estate on an appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80505 2018-04-27T00:00:00-05:00 Status of surveillance evidence in the Case Record. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81970 2018-04-24T00:00:00-05:00 Whether costs of a claim should be transferred from the accident employer to another employer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81109 2018-04-17T00:00:00-05:00 Whether a construction employer was entitled to relief from premium assessments for an executive officer who was deemed to be a worker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81534 2018-04-12T00:00:00-05:00 Whether the nature of a worker's work after he became a deemed worker contributed significantly to the worker's disablement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80616 2018-04-11T00:00:00-05:00 Whether the lay-off of a worker in seasonal employment was a temporary lay-off or a termination of employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81028 2018-04-06T00:00:00-05:00 Determination of the appropriate chapter in the AMA Guides for which to rate a bladder condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80396 2018-03-29T00:00:00-05:00 Whether to dismiss an appeal as an abuse of process. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81467 2018-03-26T00:00:00-05:00 Extension of the recalculation period for determination of a worker's long-term earnings basis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74885 2018-03-22T00:00:00-05:00 Binding nature of decisions based on mediated agreements. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=77942 2018-03-20T00:00:00-05:00 Exceptional circumstances making it advisable to reconsider a decision, on an application by the Board. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81724 2018-03-19T00:00:00-05:00 Consideration of the presumption and the weight to be given to expert medical reports. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76331 2018-03-12T00:00:00-05:00 Consideration of the binding nature of a previous Tribunal decision. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80678 2018-03-09T00:00:00-05:00 Provisions in Board policy regarding maintaining LOE benefits and paying additional LOE benefits during a temporary work disruption. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80961 2018-03-05T00:00:00-05:00 Release of case materials to a Tribunal medical assessor in the absence of consent from the worker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=78582 2018-03-02T00:00:00-05:00 Whether to transfer the costs of a claim from an injured worker's employer to another employer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81396 2018-02-28T00:00:00-05:00 Whether the right of action was taken away regarding a civil claim framed as an action for damages related to wrongful dismissal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80681 2018-02-20T00:00:00-05:00 Whether mandatory overtime should be included in the worker's short-term and long-term earnings basis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79885 2018-02-15T00:00:00-05:00 Whether the worker had entitlement for out-of-province health care. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81322 2018-02-15T00:00:00-05:00 Whether a one-time bonus should be included in calculation of the worker's long-term earnings basis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=81257 2018-02-12T00:00:00-05:00 Referral of a pending mental stress claim back to the Board in accordance with amendments to the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70724 2018-02-05T00:00:00-05:00 Whether LOE benefits could be offset by the amount of CPP disability benefits after the final LOE review. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80136 2018-01-29T00:00:00-05:00 Impact of pleural plaques and chronic obstructive pulmonary disease on total lung capacity, and deduction of a settlement from benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80985 2018-01-29T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80990 2018-01-22T00:00:00-05:00 Consideration of all factors in deciding whether to grant an extension of the time to appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71618 2018-01-18T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79643 2018-01-17T00:00:00-05:00 Consideration of entitlement to LOE benefits for compensable surgery during a temporary work disruption, pursuant to revised Board policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80838 2018-01-17T00:00:00-05:00 Whether a friend could assist the worker as an interpreter. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80647 2018-01-16T00:00:00-05:00 Whether the costs of a claim should be transferred from a subcontractor at a construction site to the general contractor. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80271 2018-01-15T00:00:00-05:00 Whether the Tribunal had jurisdiction over a right to sue application involving a federal worker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74672 2018-01-11T00:00:00-05:00 Factors for consideration in determining whether to grant an extension of the time to file a claim. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80060 2018-01-11T00:00:00-05:00 Consideration of the applicability of the presumption and the benefit of the doubt. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=78696 2018-01-04T00:00:00-05:00 Consideration of entitlement for traumatic mental stress resulting from an incident off the employer's premises. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80504 2017-12-27T00:00:00-05:00 Determination of the availability of a SEB for a worker in a remote community. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79663 2017-12-15T00:00:00-05:00 Consideration of applicable Board policy for determination of LOE benefits for an older worker who selected the no-review option. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79223 2017-12-14T00:00:00-05:00 Consideration of the binding nature of a previous Tribunal decision. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79139 2017-12-12T00:00:00-05:00 Calculation of radiation exposure in a uranium mine for purposes of entitlement for lung cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79248 2017-12-04T00:00:00-05:00 Whether the plaintiff in a civil case was a worker or a volunteer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75753 2017-11-30T00:00:00-05:00 Determination of benefits at the final LOE review. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79907 2017-11-24T00:00:00-05:00 Compulsory coverage in the construction industry and the exemption for an executive officer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80143 2017-11-21T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=77815 2017-11-17T00:00:00-05:00 Whether a lay-off was short-term or long-term, for purposes of Board policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80115 2017-11-17T00:00:00-05:00 Whether a person was a worker while attending a staff party after completion of the employment contract. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79187 2017-11-15T00:00:00-05:00 Consideration of NEL rating for various aspects of impairment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79221 2017-11-07T00:00:00-05:00 Consideration of benefits at the final LOE review, where the worker had previously been found to be entitled to full LOE benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=80083 2017-11-03T00:00:00-05:00 Consideration of the time restriction for redetermination of the degree of permanent impairment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79363 2017-10-31T00:00:00-05:00 Determination of whether a claim was active in a particular year. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79734 2017-10-24T00:00:00-05:00 Whether the worker was in a conjugal relationship, for determination of entitlement to survivor benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75432 2017-10-23T00:00:00-05:00 Need for consistency in decision-making, in this case related to NEL rating for shoulder acromioplasty. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79846 2017-10-18T00:00:00-05:00 Consideration of LOE benefits following a temporary lay-off and a permanent lay-off. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79782 2017-10-11T00:00:00-05:00 Consideration of conflicting medical evidence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72894 2017-10-03T00:00:00-05:00 Consideration of epidemiological evidence of the hazard ratio in a lung cancer case. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79603 2017-10-03T00:00:00-05:00 Whether there was a final decision of the Board on an issue, either explicitly or implicitly. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79639 2017-10-02T00:00:00-05:00 Determination of suitable and available employment for a worker employed under the Seasonal Agricultural Workers Program. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=78427 2017-09-27T00:00:00-05:00 Consideration of entitlement for gastro-intestinal cancer under criteria in Board policy and for multiple myeloma under general principles of causation. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=77889 2017-09-21T00:00:00-05:00 Consideration of right to sue when previous workplace insurance claim was denied. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79405 2017-09-15T00:00:00-05:00 Whether to obtain production of raw test data of a psychologist. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79313 2017-09-14T00:00:00-05:00 Consideration of room and board in determining the earnings basis of a worker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76723 2017-09-05T00:00:00-05:00 Whether travel allowances paid by an employer should be included in insurable earnings for calculation of employer premiums. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79191 2017-09-08T00:00:00-05:00 Consideration of the extent of employment decisions in a mental stress case. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76434 2017-08-24T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79040 2017-08-24T00:00:00-05:00 Whether review of LOE benefits after the final review is allowable based on deterioration of a pre-1998 compensable condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=79033 2017-08-23T00:00:00-05:00 Determination of non-earning periods that should be excluded from recalculation of the worker's long-term average earnings. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=78834 2017-08-17T00:00:00-05:00 Consideration of the substantial connection to Ontario of a defendant worker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72756 2017-08-15T00:00:00-05:00 Determination of the venue for a hearing. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=78320 2017-08-11T00:00:00-05:00 Entitlement to pension supplementary benefits after early retirement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=78494 2017-08-04T00:00:00-05:00 Transfer of the costs of a claim from a temporary help agency to the company to which the worker was assigned. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=78607 2017-08-04T00:00:00-05:00 Consideration of the paralegal licensing exemption for a volunteer representative of a trade union. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=78406 2017-07-31T00:00:00-05:00 Standard of proof for psychotraumatic disability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76198 2017-07-27T00:00:00-05:00 Determination of best fit for classification of an employer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=78036 2017-07-27T00:00:00-05:00 Whether the presumption that an accident arose out of employment was rebutted. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=78863 2017-07-26T00:00:00-05:00 Replacement of a NEL award for organic impairment with a lower NEL award for chronic pain disability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=78341 2017-07-12T00:00:00-05:00 Whether a NEL award for chronic obstructive pulmonary disease should be apportioned between occupational exposure and smoking. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76386 2017-07-04T00:00:00-05:00 Determination of the earnings basis for a recurrence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76624 2017-07-04T00:00:00-05:00 Whether to exclude costs of certain accidents from the employer's experience rating calculation. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76709 2017-06-28T00:00:00-05:00 Entitlement for traumatic mental stress when the worker did not witness the traumatic event. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=78529 2017-06-26T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76522 2017-06-22T00:00:00-05:00 Consideration of employer classifications for domestic services and nursing. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=77780 2017-06-19T00:00:00-05:00 Whether a worker had entitlement for traumatic mental stress based on second-hand exposure to violent events. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76708 2017-06-15T00:00:00-05:00 Determination of entitlement under the serious injury program by translating pensions to NEL ratings and combining the ratings. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75179 2017-06-13T00:00:00-05:00 Determination of LOE benefits at the final review. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76636 2017-06-13T00:00:00-05:00 Conversion of pension to NEL rating for consideration of entitlement under the Board's serious injuries program. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=78216 2017-06-07T00:00:00-05:00 Applicability of Board policy in effect at the time of the original Board operating level decision. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=78060 2017-06-01T00:00:00-05:00 Accident while travelling to residential employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=77939 2017-05-24T00:00:00-05:00 Whether a worker had entitlement for injuries resulting from fainting at work. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76702 2017-05-18T00:00:00-05:00 Assessment of a pension for chronic obstructive lung disease and consideration of whether the pension should be apportioned between smoking and workplace dust exposure. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75341 2017-05-17T00:00:00-05:00 Determination of the earnings basis of an executive officer with personal coverage. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74407 2017-05-09T00:00:00-05:00 Whether a NEL award should be reduced due to a pre-existing condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76002 2017-05-04T00:00:00-05:00 Consideration of medical evidence of the worker's treating physicians. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73366 2017-04-28T00:00:00-05:00 Whether there is entitlement for chronic pain disability when organic condition resolved within usual healing time. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76674 2017-04-21T00:00:00-05:00 Consideration of a global or holistic approach to rating psychotraumatic disability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75882 2017-04-20T00:00:00-05:00 Consideration of non-earning periods to be excluded from the recalculation of long-term benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76483 2017-04-20T00:00:00-05:00 Consideration of the substantial connection to Ontario of a defendant employer and its worker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73579 2017-04-11T00:00:00-05:00 Whether one of the trustees of an estate should be authorized to maintain a claim on behalf of the estate. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76509 2017-04-11T00:00:00-05:00 Whether a worker was entitled to LOE benefits while pursuing a grievance related to termination of employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76572 2017-04-10T00:00:00-05:00 Attribution of LOE benefits in a case of multiple claims. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76542 2017-04-07T00:00:00-05:00 Whether to accept proposed reply evidence or new evidence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64364 2017-04-04T00:00:00-05:00 Determination of applicable Board policies in considering whether a NEL award should be reduced due to a pre-existing condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75311 2017-03-28T00:00:00-05:00 Determination of status as a worker or dependent contractor and determination of the long-term earnings basis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72122 2017-03-24T00:00:00-05:00 Consideration of entitlement to LOE benefits after termination of employment and after a subsequent non-compensable injury. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75838 2017-03-20T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=40612 2017-03-17T00:00:00-05:00 Whether a claim of a first responder for traumatic mental stress should be referred back to the Board. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75571 2017-03-16T00:00:00-05:00 Consideration of application to reconsider a decision on a right to sue application, based on an amended statement of claim. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76108 2017-03-16T00:00:00-05:00 Calculation of a transitional supplement under s. 147 of the pre-1997 Act. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=76216 2017-03-10T00:00:00-05:00 Whether a NEL award should be reduced due to a pre-existing condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75848 2017-03-08T00:00:00-05:00 Whether the significance of a repetitive strain injury to a permanent impairment was outweighed by a pre-existing condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75917 2017-03-06T00:00:00-05:00 Whether a NEL award should be reduced due to a pre-existing condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74795 2017-02-16T00:00:00-05:00 Whether the right of action of a federal mail contractor was taken away. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74939 2017-02-15T00:00:00-05:00 Retroactivity of registration of an employer under the Board's policy on voluntary registration. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71945 2017-02-14T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73698 2017-02-08T00:00:00-05:00 Consideration of Board policy regarding entitlement for injury resulting from insect bites. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75651 2017-02-06T00:00:00-05:00 Whether, in the circumstances, an offer of modified work on a different shift constituted suitable employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75738 2017-02-01T00:00:00-05:00 Binding nature of Tribunal decision on a subsequent related decision. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75400 2017-01-31T00:00:00-05:00 Whether a worker's appeal could proceed after the employer was placed in receivership. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75723 2017-01-24T00:00:00-05:00 Review of LOE benefits after 72 months due to incomplete WT or due to significant temporary deterioration. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75058 2017-01-23T00:00:00-05:00 Whether, in the circumstances, it was reasonable for a worker to rely on a functional abilities form (FAF) completed by his family doctor. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75362 2017-01-18T00:00:00-05:00 Distinction between an aggravation and a recurrence, and consideration of entitlement under the Board's policy on aggravation basis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75454 2017-01-13T00:00:00-05:00 Determination of the retroactivity date for a personal care allowance and independent living allowance. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74900 2017-01-06T00:00:00-05:00 Consideration of Board policy and recent scientific studies in determining entitlement for esophageal cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71604 2016-12-30T00:00:00-05:00 Consideration of the Employment Standards Act in determining whether the worker suffered a wage loss on a statutory holiday. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75203 2016-12-28T00:00:00-05:00 Consideration of the jurisdiction of the Tribunal on a right to sue application. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73196 2016-12-20T00:00:00-05:00 Determination of the earnings basis of a dependent contractor. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74524 2016-12-19T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75252 2016-12-16T00:00:00-05:00 Use of Bradford Hill criteria in determining entitlement for occupational disease. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=75418 2016-12-15T00:00:00-05:00 Determination of the employer of a worker, when one employer hires out the services of the worker to another employer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74993 2016-12-13T00:00:00-05:00 Standing of an insurer in a right to sue application when the insurer may not have an obligation to pay statutory accident benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74001 2016-12-07T00:00:00-05:00 Absent parties on a right to sue application. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74809 2016-12-06T00:00:00-05:00 Recalculation of long-term earnings basis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74888 2016-11-30T00:00:00-05:00 Whether to dismiss an appeal as an abuse of process. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72937 2016-11-28T00:00:00-05:00 Classification of employer that subcontracts parts of an operation. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73546 2016-11-25T00:00:00-05:00 Whether a third party claim by a defendant lessor against the employer of the injured plaintiff worker was barred by the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73290 2016-11-22T00:00:00-05:00 Consideration of dependency benefits for non-resident dependants under provisions of the Act dating back to 1960. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72463 2016-11-21T00:00:00-05:00 Entitlement under provisions of Board policy regarding gastro-intestinal cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74912 2016-11-15T00:00:00-05:00 Consideration of entitlement to a pension reassessment in the case of degenerative changes. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74802 2016-11-08T00:00:00-05:00 Consideration of entitlement to a pension reassessment in a case where entitlement was originally granted for aggravation of a pre-existing degenerative condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74905 2016-11-08T00:00:00-05:00 Consideration of payment for expenses related to death of a worker in a compensable accident. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74916 2016-11-07T00:00:00-05:00 Consideration of entitlement to a pension reassessment in the case of degenerative changes. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74886 2016-11-03T00:00:00-05:00 Consideration of amendments to the WSIA and provisions of Board policy regarding firefighters sustaining heart injury. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74757 2016-10-26T00:00:00-05:00 Determination of the areas of NEL rating entitlement that should be reduced due to a pre-existing impairment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74606 2016-10-17T00:00:00-05:00 Consideration of entitlement to an additional work transition plan. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73962 2016-10-13T00:00:00-05:00 Whether a worker, who did not have entitlement for traumatic mental stress under the WSIA, would have had entitlement under the pre-1997 Act. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74696 2016-10-13T00:00:00-05:00 Consideration of evidence of a cluster in determining entitlement for cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74219 2016-10-05T00:00:00-05:00 Determination of the long-terms earnings basis for a recently-hired worker in permanent employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73820 2016-10-03T00:00:00-05:00 Calculation of escalation of the earnings basis for pension and temporary benefits over an extensive period of time. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74405 2016-09-26T00:00:00-05:00 Consideration of the role of the Tribunal in considering joint submissions of the parties for resolution of the issues on appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73379 2016-09-21T00:00:00-05:00 Consideration of the requirements of a labour market re-entry plan. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73897 2016-09-16T00:00:00-05:00 Whether modified work offered by the employer was suitable and available. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74305 2016-09-12T00:00:00-05:00 Offset of LOE benefits by percentage of CPP disability benefits for a worker with chronic pain disability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74164 2016-09-09T00:00:00-05:00 Whether a worker was entitled to LOE benefits during paternity leave. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=74098 2016-09-07T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72677 2016-09-06T00:00:00-05:00 Determination of the earnings basis of a recently-hired dependent contractor. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66895 2016-08-30T00:00:00-05:00 Whether a worker was participating in ESRTW, so as to allow consideration of benefit entitlement after the final LOE review. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73758 2016-08-22T00:00:00-05:00 Consideration of Board policy regarding timing of a work transition assessment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72615 2016-08-18T00:00:00-05:00 Determination of the best fit for the classification of an employer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73512 2016-08-15T00:00:00-05:00 Consideration of a transfer of costs from the employer for an accident occurring out of Ontario. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73027 2016-08-10T00:00:00-05:00 Whether a worker was in the course of employment when injured in the parking lot of the plaza in which the employer was located. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73697 2016-08-08T00:00:00-05:00 Consideration of entitlement to LOE benefits after an intervening event during an LMR program. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73638 2016-07-29T00:00:00-05:00 Entitlement to LOE benefits and for worker's self-directed LMR activity prior to granting of initial entitlement by the Board. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72692 2016-07-28T00:00:00-05:00 Whether the worker was in an LMR plan when the 72-month LOE review period expired. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72909 2016-07-19T00:00:00-05:00 Whether a worker had a permanent psychotraumatic disability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73542 2016-07-14T00:00:00-05:00 Consideration of entitlement to survivor benefits based on the worker having 100% pension benefits resulting from more than one accident. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73732 2016-07-14T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73633 2016-07-08T00:00:00-05:00 Determination of the appropriate wages on which to base LOE benefits for a worker who selected the older worker option. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72115 2016-07-07T00:00:00-05:00 Whether a worker was unable to work so that the re-employment provisions of the WSIA were applicable. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73641 2016-07-07T00:00:00-05:00 Consideration of the standard of proof for causation in an occupational disease claim. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73117 2016-07-05T00:00:00-05:00 Whether the Tribunal was bound by findings in a prior decision covering a different time period. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73121 2016-07-04T00:00:00-05:00 Consideration of prospective entitlement for health care maintenance treatment and related LOE benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73560 2016-06-30T00:00:00-05:00 Determination of NEL rating for asymmetrical hearing loss. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73478 2016-06-29T00:00:00-05:00 Whether a worker claiming entitlement for traumatic mental stress experienced a sudden and unexpected traumatic event. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71974 2016-06-23T00:00:00-05:00 Consideration of procedural issue regarding the time to provide notice of a constitutional question. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72931 2016-06-17T00:00:00-05:00 Importance of the identification of the issues in an appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73502 2016-06-17T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72952 2016-06-15T00:00:00-05:00 Determination of the insurable earnings of subcontractors. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73334 2016-06-15T00:00:00-05:00 Whether to transfer the costs of a claim from the accident employer to another employer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66291 2016-06-10T00:00:00-05:00 Whether the worker was an apprentice within the definition in the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71984 2016-06-08T00:00:00-05:00 Referral to the Board for review of its Fatal Claim Premium Adjustment Policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68644 2016-06-01T00:00:00-05:00 Payment of a NEL award as a lump sum under the pre-1997 Act. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72089 2016-05-31T00:00:00-05:00 Whether to include voluntary overtime in the earnings basis for short-term and long-term benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72121 2016-05-26T00:00:00-05:00 Obligation of employer to report an alleged workplace accident. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73241 2016-05-26T00:00:00-05:00 Consideration of link between carpal tunnel syndrome and repetitive keyboarding and mouse usage. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71380 2016-05-09T00:00:00-05:00 Consideration of entitlement for fibromyalgia. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73000 2016-05-05T00:00:00-05:00 Commencement and review dates for a retroactive pension supplement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=73037 2016-05-04T00:00:00-05:00 Consideration of entitlement for a self-directed work transition plan. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72901 2016-05-03T00:00:00-05:00 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). https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71918 2016-04-27T00:00:00-05:00 Consideration of entitlement for maintenance chiropractic treatment after retirement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72668 2016-04-19T00:00:00-05:00 Whether a worker's benefits at the final LOE review should be based on earnings of an experienced worker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72821 2016-04-18T00:00:00-05:00 Rating of permanent impairment for hepatitis C. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72777 2016-04-12T00:00:00-05:00 Referral of a claim back to the Board pursuant to s. 15.2(5) of the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72747 2016-04-05T00:00:00-05:00 Retroactivity of an employer reclassification. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72627 2016-03-31T00:00:00-05:00 Whether an exception applied to allow review of a worker's LOE benefits after the final 72-month review. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71777 2016-03-30T00:00:00-05:00 Consideration of entitlement in a case of serious and wilful misconduct. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72513 2016-03-30T00:00:00-05:00 Whether a worker was entitled to a NEL assessment for a physical loss. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72476 2016-03-24T00:00:00-05:00 Whether a plaintiff's right of action against the employer was taken away regarding claims related to matters other than the workplace accident. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72055 2016-03-23T00:00:00-05:00 Determination of the earnings basis of a dependent contractor. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72071 2016-03-18T00:00:00-05:00 Acceptance of a settlement in a case concerning a construction employer's re-employment obligations, and determination of the penalty. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72079 2016-03-14T00:00:00-05:00 Distinction between warehousing and brokering, for employer classification purposes. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72439 2016-03-11T00:00:00-05:00 Whether a worker may maintain a civil action against an employer regarding post-accident conduct of the employer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69703 2016-03-10T00:00:00-05:00 LOE review more than 72 months after an accident due to significant temporary deterioration of the worker's condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72159 2016-03-03T00:00:00-05:00 Whether a worker should have entitlement for non-organic impairment on the basis of psychotraumatic disability or chronic pain disability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72310 2016-02-29T00:00:00-05:00 Whether a worker was entitled to payment for a family member to be his attendant. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72328 2016-02-29T00:00:00-05:00 Determination of worker or independent operator status of person who had incorporated and determination of whether certain family members were dependants. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69839 2016-02-17T00:00:00-05:00 Consideration of whether the worker's final LOE review date should have been extended. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69471 2016-02-10T00:00:00-05:00 Determination of marked life disruption for chronic pain disability entitlement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69662 2016-02-09T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72164 2016-02-03T00:00:00-05:00 Whether a worker claiming entitlement for traumatic mental stress experienced a sudden and unexpected traumatic event. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=72038 2016-01-29T00:00:00-05:00 Consideration of the substance of the relationship in determining whether the plaintiff, who had incorporated, should be considered a worker of another company. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71985 2016-01-26T00:00:00-05:00 Whether a worker had entitlement for an accident while travelling to treatment for a compensable injury. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70938 2016-01-19T00:00:00-05:00 Determination of the earnings basis of a volunteer emergency worker with concurrent employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71862 2016-01-18T00:00:00-05:00 Consideration of an appropriate SEB for a worker, including cost-effectiveness of the plan. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70825 2016-01-11T00:00:00-05:00 Whether the right of action of an undocumented worker against his employer for a work-related injury was taken away. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70798 2016-01-08T00:00:00-05:00 Determination of who is the accident employer in a disablement case. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71717 2016-01-05T00:00:00-05:00 Factors to consider in determining whether to obtain an opinion from a Tribunal medical assessor. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71675 2015-12-30T00:00:00-05:00 Determination of LOE benefits of a worker who selected the older worker option in s. 44(3) of the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71529 2015-12-21T00:00:00-05:00 Consideration of reasonable commute for suitable modified work. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71475 2015-12-18T00:00:00-05:00 Review of LOE benefits after 72 months, based on amendments to the WSIA in 2002 and 2007. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70519 2015-12-16T00:00:00-05:00 Whether a spouse, who was separated from her husband at the time of his death from a workplace injury, was entitled to survivor benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71175 2015-12-14T00:00:00-05:00 Calculation of average earnings for a worker who was injured shortly after starting work. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71631 2015-12-09T00:00:00-05:00 Determination of the earnings basis of an apprentice. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71554 2015-12-08T00:00:00-05:00 Whether a worker was entitled to interest on payment of pension arrears for injury suffered in a pre-1990 accident. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71581 2015-12-04T00:00:00-05:00 Determination of the earnings basis of a dependent contractor. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71474 2015-12-03T00:00:00-05:00 Whether a child protection worker experienced a traumatic and unexpected event for traumatic mental stress entitlement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71286 2015-12-01T00:00:00-05:00 Consideration of extent of entitlement and reduction of a NEL award due to a pre-existing condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71379 2015-12-01T00:00:00-05:00 Determination of whether there is a recurrence or a new accident. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70402 2015-11-23T00:00:00-05:00 Whether a bus driver had entitlement for bladder cancer as a result of exposure to diesel exhaust. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71466 2015-11-20T00:00:00-05:00 The doctrine of promissory estoppel does not give the Tribunal jurisdiction to grant a remedy that is not permitted by the statute. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70506 2015-11-18T00:00:00-05:00 Consideration of the requirements of Board policy for entitlement to a personal care allowance and the start date for the allowance. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70566 2015-11-16T00:00:00-05:00 Whether there was an element of double compensation in NEL ratings for organic and psychotraumatic disability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70903 2015-11-03T00:00:00-05:00 Jurisdiction to consider a right to sue application regarding an action based in contract. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71233 2015-10-30T00:00:00-05:00 Consideration of the relationship between a workplace insurance claim and proceedings under the Ontario Human Rights Code. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71105 2015-10-29T00:00:00-05:00 Whether a travelling worker was in the course of employment when driving to a restaurant for a meal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71203 2015-10-27T00:00:00-05:00 Consideration of a worker's actual ability to perform the modified work in determination of whether work was suitable. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66465 2015-10-22T00:00:00-05:00 Significance of determining an appropriate start date for retroactive FEL benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71012 2015-10-20T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71085 2015-10-20T00:00:00-05:00 Determination of the retroactivity of an independent living allowance. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70833 2015-09-25T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=51040 2015-09-22T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70902 2015-09-22T00:00:00-05:00 Whether a worker was in the course of employment while attending a union convention. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70868 2015-10-05T00:00:00-05:00 Whether laryngeal cancer was a significant contributing factor to the worker's subsequent stroke and aspiration pneumonia. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=71040 2015-10-05T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70178 2015-09-18T00:00:00-05:00 Consideration of the worker's request that the Tribunal obtain further medical evidence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70490 2015-09-11T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70644 2015-09-03T00:00:00-05:00 Whether to reconsider a decision when the request to reconsider was received many years after release of the decision. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70640 2015-08-31T00:00:00-05:00 Review of procedural requirements for completion of the Tribunal's Notice of Appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69841 2015-08-25T00:00:00-05:00 Determination of a NEL rating for asbestosis under the AMA Guides. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69973 2015-08-24T00:00:00-05:00 Consideration of entitlement to a NEL award for psychotraumatic disability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70036 2015-08-24T00:00:00-05:00 Consideration of entitlement to LOE benefits after voluntary resignation from employment for personal reasons. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70302 2015-08-21T00:00:00-05:00 Consideration of Board policy to determine whether the two-year retroactivity period applied to payment of credit interest to an employer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69750 2015-08-14T00:00:00-05:00 Whether a worker had the right to participate in an employer's appeal regarding transfer of costs. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69409 2015-08-13T00:00:00-05:00 Consideration of the effect on LOE benefits of a worker's move from an urban location to a rural setting. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70100 2015-08-11T00:00:00-05:00 Consideration of Board policy to determine whether the two-year retroactivity period applied to payment of credit interest to an employer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69318 2015-07-29T00:00:00-05:00 Consideration of entitlement for brain cancer, when duration of employment was less than the policy requirement for application of the presumption. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70413 2015-07-29T00:00:00-05:00 Consideration of application for intervenor status. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70400 2015-07-28T00:00:00-05:00 Whether a non-compensable accident was an intervening event warranting cessation of benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69830 2015-07-21T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68965 2015-07-20T00:00:00-05:00 Determination of long-term earnings basis for a worker who was receiving social assistance benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69875 2015-07-13T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=70236 2015-07-13T00:00:00-05:00 Whether LOE benefits of a worker with high pre-accident earnings that exceeded the statutory maximum should be offset by CPP disability benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69498 2015-07-07T00:00:00-05:00 Consideration of the exception for small employers in determining the appropriate classification for an employer with more than one business activity. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69963 2015-07-07T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69466 2015-07-06T00:00:00-05:00 Whether a worker took himself out of employment by engaging in horseplay. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69351 2015-07-02T00:00:00-05:00 Whether earnings from concurrent employment should be included in the calculation of the worker's short-term and long-term average earnings. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69266 2015-06-30T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69311 2015-06-24T00:00:00-05:00 Whether performance of modified work allowed consideration of LOE benefit entitlement after final LOE review. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69136 2015-06-16T00:00:00-05:00 Determination of the long-term earnings basis of a worker who came within the definition of a student in the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69632 2015-06-11T00:00:00-05:00 Determination of worker or independent operator status, with weight given to provisions of collective agreement. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68905 2015-06-10T00:00:00-05:00 Consideration of air conduction and bone conduction measurements for sensorineural hearing loss. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69867 2015-06-03T00:00:00-05:00 Whether there can be different MMR dates for various components of a compensable condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69192 2015-05-29T00:00:00-05:00 Whether an emergency responder, in this case a 911 operator, had entitlement for traumatic mental stress. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66680 2015-05-27T00:00:00-05:00 Consideration of the substantial connection to Ontario of a defendant employer and its worker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62578 2015-05-22T00:00:00-05:00 Whether a worker who earlier refused suitable modified work, was entitled to LOE benefits after closure of the employer's plant. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69059 2015-05-20T00:00:00-05:00 Review of LOE benefits after 72 months based on an inadequate and, accordingly, essentially incomplete earlier LMR program. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69210 2015-05-20T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69401 2015-05-19T00:00:00-05:00 Consideration of Board policy on NEL redeterminations requiring a worker to provide initial medical evidence in support of deterioration of the worker's condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69643 2015-05-11T00:00:00-05:00 Whether a firefighter had entitlement for a heart attack. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68608 2015-05-04T00:00:00-05:00 Whether the worker's LOE benefits should be reduced or suspended for non-co-operation with LMR. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69517 2015-04-27T00:00:00-05:00 Determination of whether a pre-existing impairment was measurable and whether a NEL award should be reduced due to a pre-existing impairment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69512 2015-04-22T00:00:00-05:00 Determination of primary site of firefighter's metastatic cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69513 2015-04-17T00:00:00-05:00 Determination of NEL ratings for psychotraumatic disability and neurological impairment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68938 2015-04-16T00:00:00-05:00 Whether, in the circumstances, it was reasonable for a worker to rely on his family doctor's advice to stay off work. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69093 2015-03-20T00:00:00-05:00 Extension of the final LOE review based on participation in an ongoing LMR plan. Consideration of availability of work in the identified suitable occupation. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68933 2015-03-17T00:00:00-05:00 Consideration of the date for determination of the rate of interest on retroactive benefit payments. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69138 2015-03-17T00:00:00-05:00 Determination of a NEL award for loss of vision under the AMA Guides. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69269 2015-04-13T00:00:00-05:00 Whether it was appropriate for the Board to defer the worker's final LOE review. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69228 2015-04-09T00:00:00-05:00 Consideration of the status of an executive officer of a corporation in the construction business. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62239 2015-04-08T00:00:00-05:00 Consideration of requirements for redetermination of a NEL award for non-organic impairment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69187 2015-03-27T00:00:00-05:00 Consideration of the Board's Fatal Claim Premium Adjustment Policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69310 2015-03-24T00:00:00-05:00 Whether an application for clarification of a Tribunal decision should be stayed pending a court proceeding. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67485 2015-03-23T00:00:00-05:00 Whether a worker was in the course of employment while proceeding home directly from the premises of a client. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68893 2015-03-23T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69097 2015-03-12T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69189 2015-03-12T00:00:00-05:00 Whether there was an abuse of process such that the Tribunal should decline to exercise jurisdiction over an appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66524 2015-03-11T00:00:00-05:00 Whether a worker met the Board's minimum requirement for a pension of a rating for a least 0.4%. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69166 2015-03-10T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=69031 2015-03-05T00:00:00-05:00 Whether the Tribunal was bound on a right to sue application by a prior decision of the Tribunal regarding benefits resulting from the accident. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=58063 2015-03-02T00:00:00-05:00 Consideration of quantum of award for facial disfigurement for an injury that affected function, rather than appearance, of facial features. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=60390 2015-02-27T00:00:00-05:00 Review of LOE benefits after the 72-month period, based on completion of a self-directed LMR program. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68897 2015-02-24T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68445 2015-02-23T00:00:00-05:00 Consideration of provision in the Board's policy on work transition plans regarding the option for older workers. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68272 2015-02-20T00:00:00-05:00 Consideration of entitlement for reflex sympathetic dystrophy under the Board's chronic pain disability policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68999 2015-02-19T00:00:00-05:00 Clarification of when the psychotraumatic disability policy is applicable and when the traumatic mental stress policy is applicable. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67946 2015-02-05T00:00:00-05:00 Whether existence of two contrary lines of cases was grounds for reconsideration of a decision. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68329 2015-02-04T00:00:00-05:00 Consideration of weight to be given to acquittal on charges under s. 149 of the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68856 2015-02-04T00:00:00-05:00 Whether, in the circumstances of the case, the Tribunal should undertake post-hearing investigation to obtain clinical notes. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68846 2015-01-30T00:00:00-05:00 Whether a volunteer firefighter had entitlement for colon cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68544 2015-01-29T00:00:00-05:00 Calculation of NEER factors in the case of a corporate employer with divisions which have their own accounts with the Board. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68368 2015-01-28T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67550 2015-01-27T00:00:00-05:00 Consideration of entitlement for a heart attack on a disablement basis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67416 2015-01-23T00:00:00-05:00 Determination of the NEL rating for a permanent hip impairment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67705 2015-01-22T00:00:00-05:00 Whether the worker was entitled to payment for medication that was not listed in the Board's drug formulary. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68392 2015-01-15T00:00:00-05:00 Whether the worker was entitled to payment for medication that was not listed in the Board's drug formulary. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68394 2015-01-15T00:00:00-05:00 Whether a worker was entitled to reimbursement for the cost of a car for use in a Board identified SEB. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68235 2015-01-12T00:00:00-05:00 Consideration of Board policy regarding enhanced work transition programs for young workers. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68318 2015-01-05T00:00:00-05:00 Consideration of circumstances to review LOE benefits after 72 months to account for CPP disability benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68304 2014-12-30T00:00:00-05:00 Whether a worker, who had a compensable heart attack, had entitlement for a subsequent heart attack. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68574 2014-12-22T00:00:00-05:00 Whether a worker was in the course of employment during an altercation with a co-worker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68373 2014-12-19T00:00:00-05:00 Whether work obtained by a worker could be considered to be work in a job identified as the suitable occupation for the worker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68564 2014-12-17T00:00:00-05:00 Whether a worker in the auto parts industry had entitlement for esophageal cancer as a result of exposure to metalworking fluids. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63001 2014-12-12T00:00:00-05:00 Consideration of when it is appropriate to review benefits under s. 44 of the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68376 2014-12-12T00:00:00-05:00 Consideration of distinction between carcinoma and sarcoma, in determining relationship to occupational exposure. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67691 2014-12-04T00:00:00-05:00 Whether meals provided to a restaurant worker should be included in the worker's earnings basis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67745 2014-12-02T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68398 2014-11-26T00:00:00-05:00 Whether Alzheimer's disease resulted from a minor head injury. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68379 2014-11-21T00:00:00-05:00 Whether the right of action of a domestic worker was taken away. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68279 2014-11-14T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67853 2014-11-13T00:00:00-05:00 Consideration of requirements in content of a Board decision issued by way of form letter. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67405 2014-11-05T00:00:00-05:00 Consideration of Board policy requirements for relocation services and payment of relocation expenses. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67988 2014-11-04T00:00:00-05:00 Consideration of requirements for entitlement to a motorized scooter as a health care measure. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68137 2014-11-04T00:00:00-05:00 Consideration of adjudicative advice in the Board's COPD Binder in determining a worker's entitlement for chronic obstructive lung disease. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66933 2014-10-31T00:00:00-05:00 Whether to apply a change in a worker's income tax net exemption code after final FEL review. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67292 2014-10-31T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68043 2014-10-30T00:00:00-05:00 Whether the worker's direction to accept the older worker no-review option under s. 44(3) of the WSIA was valid. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68051 2014-10-29T00:00:00-05:00 Whether it was appropriate to determine a case by way of an oral or a written appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67956 2014-10-21T00:00:00-05:00 Use of updated data in recalculation of retroactive adjustment to an employer's experience rating account. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68090 2014-10-20T00:00:00-05:00 Factors to consider in weighing medical evidence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67763 2014-10-16T00:00:00-05:00 Consideration of the extent of a worker's disability related to compensable post-traumatic stress disorder. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66365 2014-10-15T00:00:00-05:00 Whether the plaintiff worker in a civil action had a substantial connection to Ontario. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67945 2014-10-15T00:00:00-05:00 Consideration of matters relating to production of documents from other proceedings, including the deemed undertaking rule. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=68045 2014-10-09T00:00:00-05:00 Consideration of Board practice of granting a 100% NEL award for compensable death. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65933 2014-10-08T00:00:00-05:00 Whether a worker was entitled to a second supplement under s. 147(4) of the pre-1997 Act. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66757 2014-10-08T00:00:00-05:00 Determination of the arrears date for payment of an independent living allowance and a personal care allowance. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67679 2014-10-01T00:00:00-05:00 Discussion of distinction between psychotraumatic disability and chronic pain disability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67328 2014-09-30T00:00:00-05:00 Consideration of the principles of calculating a back impairment under the AMA Guides. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67117 2014-09-24T00:00:00-05:00 Consideration of final LOE review made after the 72-month cut-off date but effective as of the cut-off. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66217 2014-09-22T00:00:00-05:00 Consideration of the requirement of continuous employment for the applicability of the re-employment obligation in the case of a personnel agency worker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67114 2014-09-22T00:00:00-05:00 Whether worker was entitled to reimbursement for cost of surgery out of Ontario. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67885 2014-09-22T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67355 2014-09-19T00:00:00-05:00 Whether retroactivity of an employer reclassification should be extended based on the real merits and justice provision in Board policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67682 2014-09-16T00:00:00-05:00 Whether a worker was under-employed by reason of only seeking work in the local community. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67747 2014-09-16T00:00:00-05:00 Whether a firefighter had entitlement for traumatic mental stress. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67410 2014-09-03T00:00:00-05:00 Whether an individual was a worker or an employer for purposes of the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67702 2014-09-02T00:00:00-05:00 Whether a claim should be considered active in a particular year, for the purposes of the employer's NEER experience rating account. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67002 2014-08-29T00:00:00-05:00 Whether enhancement earnings should be included in a worker's short-term earnings basis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67614 2014-09-10T00:00:00-05:00 Whether to use the matrix or the 50% SIEF relief provision in Board policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67073 2014-09-09T00:00:00-05:00 Consideration of entitlement to health care benefits for drugs based on generic drugs listed in the Board's drug formulary. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67678 2014-08-21T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66855 2014-08-20T00:00:00-05:00 Consideration of whether a spouse was a worker, executive officer or partner in a business. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67638 2014-08-18T00:00:00-05:00 Consideration of an enhancement factor to a pension for bilateral cataracts. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67031 2014-07-30T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64373 2014-08-05T00:00:00-05:00 Consideration of entitlement for idiopathic pulmonary fibrosis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67517 2014-07-25T00:00:00-05:00 Focus on the worker's conduct prior to termination of the worker's employment in determining entitlement to LOE benefits after the termination. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66925 2014-07-23T00:00:00-05:00 Whether entitlement for an injury should be limited to an aggravation basis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67459 2014-07-17T00:00:00-05:00 Consideration of the thin skull rule, and the crumbling skull exception, in determining entitlement for emotional symptoms and traumatic mental stress. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67053 2014-07-15T00:00:00-05:00 Consideration of retroactive appointment of a person as an executive officer of a corporation, in determining executive officer status. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67287 2014-07-14T00:00:00-05:00 Consideration of Board policy requirements to entitlement for stomach cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67350 2014-07-14T00:00:00-05:00 Determination of the commencement date for the recalculation of LOE benefits using the long-term earnings basis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66553 2014-07-07T00:00:00-05:00 Whether plan proposed by employer constituted productive work within meaning of Board policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67244 2014-07-07T00:00:00-05:00 Whether the Tribunal had jurisdiction over decisions of the Board's operating level on referral from an Appeals Resolution Officer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66940 2014-07-03T00:00:00-05:00 Consideration of five-year guideline in Board policy regarding entitlement for psychotraumatic disability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66891 2014-06-27T00:00:00-05:00 Consideration of entitlement for chronic obstructive pulmonary disease based primarily on smoking but combined additively with occupational exposure. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67217 2014-06-16T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=67295 2014-06-26T00:00:00-05:00 Application of the presbycusis factor in determining entitlement to a NEL award for permanent impairment related to noise-induced hearing loss. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66333 2014-06-06T00:00:00-05:00 Consideration of issues related to the presumption, onus of proof, standard of proof, expert evidence and internet evidene. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66321 2014-06-04T00:00:00-05:00 Earnings basis of a volunteer firefighter. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66875 2014-06-04T00:00:00-05:00 Whether the worker's death from a cardiac condition was the result of a compensable heart attack many years earlier. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66415 2014-06-03T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66996 2014-05-29T00:00:00-05:00 Standard for determination of whether a worker's right of action is taken away against an executive officer of the worker's employer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63910 2014-05-22T00:00:00-05:00 Whether the Ontario Rules of Civil Procedure applied to a right to sue application at the Tribunal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64233 2014-05-20T00:00:00-05:00 Whether cost of a worker's LOE benefits should be apportioned between two accidents. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66096 2014-05-20T00:00:00-05:00 Whether a worker had entitlement for an accident while engaging in recreational activity on the employer's premises during lunch break. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66113 2014-05-16T00:00:00-05:00 Determination of the earnings basis for a dependent contractor. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66400 2014-05-16T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=61068 2014-05-01T00:00:00-05:00 Whether a hearing of a Charter issue should be denied based on a prior Tribunal decision on the issue. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65584 2014-04-30T00:00:00-05:00 Whether the firefighter presumption applied in the circumstances and whether the firefighter had entitlement for a fatal heart attack. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66469 2014-04-30T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=58670 2014-04-29T00:00:00-05:00 Whether LOE benefits of a worker who moves to another province should continue to be based on Ontario wage rates. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62109 2014-04-25T00:00:00-05:00 Determination of when a debt is considered to be due and owing, for purposes of recovery of an overpayment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65488 2014-04-25T00:00:00-05:00 Whether a welder had entitlement for prostate cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66621 2014-04-23T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66428 2014-04-16T00:00:00-05:00 Whether a worker had entitlement for injuries suffered on the premises of an LMR service provider. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64118 2014-04-14T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65992 2014-04-14T00:00:00-05:00 Whether a worker had entitlement for chronic toxic encephalopathy related to workplace exposure to solvents. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66637 2014-04-09T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66297 2014-04-07T00:00:00-05:00 Whether an air conditioning mechanic had entitlement for Legionnaire's disease. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=61741 2014-03-31T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66464 2014-03-26T00:00:00-05:00 Whether there was an agreement between the worker and her Schedule 2 employer for waiver of benefits under s. 63 of the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65560 2014-03-21T00:00:00-05:00 Whether a worker had entitlement for a bone marrow disorder related to benzene exposure. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62705 2014-03-20T00:00:00-05:00 Consideration of entitlement criteria in Board policy for asbestos workers with gastrointestinal cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66410 2014-03-18T00:00:00-05:00 Whether a worker was entitled to benefits for injuries suffered when he fainted due to a non-compensable pre-existing condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66298 2014-03-14T00:00:00-05:00 Whether a worker had entitlement for infection related to an antibiotic resistant bacterium (MRSA). https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66424 2014-03-14T00:00:00-05:00 Determination of which of two Schedule 2 employers should be charged with the costs of a worker's claim for occupational disease. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66404 2014-03-13T00:00:00-05:00 Whether a worker had entitlement for bipolar disorder. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62417 2014-03-06T00:00:00-05:00 Whether to refer issues back to the Board for determination. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65493 2014-02-28T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64172 2014-02-26T00:00:00-05:00 Whether a worker had entitlement for psychotraumatic disability, notwithstanding exaggeration of his symptoms. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65404 2014-02-24T00:00:00-05:00 Whether, in the circumstances of the case, it was reasonable to require the worker to relocate in order to search for suitable work. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65498 2014-02-19T00:00:00-05:00 Determining the date of accident in a disablement case and whether and extension of the time to file a claim should be granted. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66105 2014-02-13T00:00:00-05:00 Whether a worker's NEL award should be apportioned due to pre-existing degenerative changes. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66112 2014-02-12T00:00:00-05:00 Whether a firefighter, to whom the presumption in s. 15.1(4) of the WSIA did not apply, had entitlement for colorectal cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66170 2014-02-12T00:00:00-05:00 Determination of the number of days to be factored out of the recalculation period for the worker's long-term earnings basis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66108 2014-02-07T00:00:00-05:00 Consideration of provisions for review of LOE benefits for deterioration of a worker's condition after the 72-month lock-in date. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63642 2014-01-31T00:00:00-05:00 Whether the worker had entitlement for hepatitis B in the absence of an open skin wound. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65363 2014-01-30T00:00:00-05:00 Final decision on appeal regarding clothing allowance after Board policy change in 1996. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=66057 2014-01-30T00:00:00-05:00 Whether the Tribunal should reconsider an SIEF decision in order to take jurisdiction over retroactive adjustment of the employer's experience rating account. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65397 2014-01-29T00:00:00-05:00 Apportionment of a NEL award for chronic pain disability between a compensable injury and a non-compensable co-existing condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65816 2014-01-28T00:00:00-05:00 How to attribute wage loss following a deterioration in the worker's condition, for a worker who had multiple compensable accidents. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65735 2014-01-23T00:00:00-05:00 Applicability of the Board's Workwell audit to a temporary personnel agency. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65274 2014-01-22T00:00:00-05:00 An overpayment is created not from when the excess amount was paid but, rather, from when the Board determines that there was an overpayment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65144 2014-01-17T00:00:00-05:00 Whether modified work at a distant location is available employment within the meaning of Board policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65787 2014-01-16T00:00:00-05:00 Consideration of activities that fall within the parameters of a personal care allowance. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65610 2014-01-14T00:00:00-05:00 Use of the Board's Adjudicative Advice document in assessing permanent impairment for a repetitive strain injury. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65895 2014-01-08T00:00:00-05:00 Whether natural gas door-to-door sales agents were workers or independent operators. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=60344 2013-12-27T00:00:00-05:00 Whether an aqua fitness program qualified as health care. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65161 2013-12-27T00:00:00-05:00 Whether a mechanic in the mining industry had entitlement for lung cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64250 2013-12-24T00:00:00-05:00 Consideration of provision in the Board's policy on work transition plans regarding the option for older workers. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65497 2013-12-20T00:00:00-05:00 Whether pay in lieu of notice received by a worker should be deducted from the worker's LOE benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65644 2013-12-16T00:00:00-05:00 Whether delay in receiving treatment contributed to the extent of disability caused by a stroke. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65555 2013-12-11T00:00:00-05:00 Whether the Board should recalculate an employer's experience rating adjustments after retroactive classification changes. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=59806 2013-12-10T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64689 2013-12-10T00:00:00-05:00 Whether a maintenance mechanic at a nickel producer had entitlement for lung cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63010 2013-12-05T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=61339 2013-12-04T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65021 2013-12-04T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65378 2013-12-03T00:00:00-05:00 Review and recalculation of supplementary benefits under s. 147(4) of the pre-1997 Act. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65609 2013-12-03T00:00:00-05:00 Whether the worker was entitled to reimbursement for the cost of a drug that was not on the Board's drug formularies. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65377 2013-11-27T00:00:00-05:00 Whether a firefighter had entitlement for Hodgkin's lymphoma. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62242 2013-11-25T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62922 2013-11-19T00:00:00-05:00 Consideration of entitlement for non-Hodgkin's lymphoma as a result of exposure to benzene. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65574 2013-11-15T00:00:00-05:00 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). https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63878 2013-11-12T00:00:00-05:00 Whether a paramedic had entitlement for traumatic mental stress from attending an accident scene. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62127 2013-11-06T00:00:00-05:00 Determination by the Vice-Chair of how to proceed when an unrepresented party requested an adjournment to obtain representation during the hearing. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64828 2013-11-04T00:00:00-05:00 Whether a correctional officer had entitlement for mental stress based on impact of carrying out controversial orders. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64346 2013-10-28T00:00:00-05:00 Whether a worker had entitlement for multiple myeloma based on exposure to benzene. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65385 2013-10-25T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64106 2013-10-17T00:00:00-05:00 Explanation of sequential decision making and its impact on jurisdiction and issue setting. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65034 2013-10-16T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65226 2013-10-07T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64865 2013-10-01T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65039 2013-10-01T00:00:00-05:00 Whether an employer was entitled to cost relief for mental disorder suffered by its worker after the worker witnessed a motor vehicle accident. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63299 2013-09-30T00:00:00-05:00 The Board must prepare an LMR plan in consultation with the worker but the Board is not required to follow the worker's wishes. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=65049 2013-09-27T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64397 2013-09-26T00:00:00-05:00 Whether a worker had entitlement for sponsorship for self-directed job search activities under the Board's work transition policies. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64422 2013-09-25T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64680 2013-09-18T00:00:00-05:00 Review of previously denied claim by a firefighter for a heart attack in 1973 under amendments to the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62931 2013-09-13T00:00:00-05:00 Consideration of availability of employment for the worker in the identified SEB. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64304 2013-09-13T00:00:00-05:00 Whether evidence related to time period after the time period being addressed in the appeal could be used in the hearing. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64767 2013-09-11T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64754 2013-09-09T00:00:00-05:00 Determination of whether to obtain a report from a Tribunal medical assessor. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63217 2013-09-06T00:00:00-05:00 Whether a uranium miner had entitlement for leukemia based on exposure to radiation. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64348 2013-08-30T00:00:00-05:00 Whether a worker was entitled to interest on delayed voluntary contributions to retirement benefits under s. 45(3) of the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64166 2013-08-28T00:00:00-05:00 Consideration of Board policy requirements for commutation of a pension. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64892 2013-08-27T00:00:00-05:00 Consideration of entitlement LMR services and LOE benefits when there is a post-accident non-compensable condition. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64040 2013-08-22T00:00:00-05:00 Whether a 911 call centre supervisor had entitlement for traumatic mental stress. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64476 2013-08-22T00:00:00-05:00 Consideration of what constitutes a chronic pain NEL rating within Class 4 of the Board's rating schedule. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64550 2013-08-15T00:00:00-05:00 Whether a fitness club membership constituted health care within s. 32 of the WSIA. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63833 2013-08-09T00:00:00-05:00 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). https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=54267 2013-08-08T00:00:00-05:00 Whether a worker was entitled to a discretionary increase in his NEL award, in accordance with a provision in the AMA Guides. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64496 2013-08-08T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64242 2013-08-01T00:00:00-05:00 Determination of what constitutes a decision for the purposes of establishing the time limit to appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63897 2013-07-31T00:00:00-05:00 Whether to use the average worker test in considering a claim for mental stress. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=56767 2013-07-30T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64553 2013-07-30T00:00:00-05:00 Consideration of provisions in the Act and Board policy regarding horseplay and misconduct. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64295 2013-07-23T00:00:00-05:00 Worker, whose employment was terminated for reasons unrelated to the compensable injury, was entitled to benefits during period of recovery from compensable surgery. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64416 2013-07-18T00:00:00-05:00 Consideration of entitlement to LOE benefits during a strike. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=61409 2013-07-17T00:00:00-05:00 Board policy on fighting is not restricted to a physical fight; a verbal altercation is a fight within the meaning of the policy. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=59562 2013-07-11T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62043 2013-07-10T00:00:00-05:00 Whether it was advisable to reconsider a decision when the request to reconsider was received four years after release of the decision. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64210 2013-07-10T00:00:00-05:00 Consideration of risk of lung cancer due to smoking when the worker smoked only moderately and quit smoking many years prior to diagnosis. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62308 2013-07-08T00:00:00-05:00 Determining the offset of CPP disability benefits from LOE benefits, in circumstances where there were also non-compensable conditions. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63336 2013-07-03T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63066 2013-06-19T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64325 2013-06-18T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64267 2013-06-13T00:00:00-05:00 Consideration of the criteria for determining what constitutes a Board decision, in the context of the time limit to appeal. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63898 2013-06-07T00:00:00-05:00 Whether an LMR program provided the worker with new skills or improved existing skills, in determining the amount of LOE benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63837 2013-06-06T00:00:00-05:00 Whether a worker had entitlement for an injury suffered during an LMR program. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64102 2013-06-04T00:00:00-05:00 Whether it is advisable to reconsider a decision when the request to reconsider is received more than six months after release of the decision. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64289 2013-06-04T00:00:00-05:00 Whether workers participating in non-mandatory professional development activity were in the course of employment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62932 2013-05-31T00:00:00-05:00 Whether an employer was entitled to access to potentially relevant, sensitive information in the worker's file concerning a family member of the worker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63743 2013-05-31T00:00:00-05:00 Determination of the earnings basis of an apprentice at the time of a subsequent lay-off. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63917 2013-05-31T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64074 2013-05-31T00:00:00-05:00 Reinstatement of LMR services after intervening, non-compensable reasons for non-co-operation in the program ended. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63989 2013-05-29T00:00:00-05:00 Calculation of the offset of CPP disability benefits from LOE benefits for a worker whose actual pre-injury earnings were above the statutory maximum. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=64169 2013-05-21T00:00:00-05:00 Whether a worker had entitlement for traumatic mental stress based on criminal charge of assault related to a workplace event. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=61060 2013-05-17T00:00:00-05:00 Consideration of change in Board policy regarding sinter plant exposure, and review of principles relating to epidemiological evidence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63352 2013-05-10T00:00:00-05:00 Evaluation of epidemiological evidence in determining entitlement for a rare form of leukemia. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63806 2013-05-07T00:00:00-05:00 Determining post-accident earnings of a self-employed worker for FEL purposes. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63859 2013-05-02T00:00:00-05:00 Determining the percentage of offset of CPP disability benefits from LOE benefits, in circumstances of minor non-compensable conditions. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63376 2013-04-30T00:00:00-05:00 Calculation of supplements under s. 147(4), both initially and on subsequent review, is subject to the Old Age Security cap in subsection (8). https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63636 2013-04-29T00:00:00-05:00 Calculation of an employer's premiums and surcharge when migrating from the MAPP experience rating plan to the CAD-7 experience rating plan. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=61958 2013-04-24T00:00:00-05:00 Whether a worker had entitlement for non-Hodgkin's lymphoma based on exposure to second-hand smoke. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63710 2013-04-18T00:00:00-05:00 Effect of early retirement on entitlement to LOE benefits. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63810 2013-04-16T00:00:00-05:00 Whether worker had entitlement for traumatic mental stress due to sexual harassment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63180 2013-04-10T00:00:00-05:00 Whether an impairment of earning capacity is required for determination of entitlement to a pension. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63682 2013-04-10T00:00:00-05:00 Hepatitis C as a result of a needle stick injury. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63745 2013-04-09T00:00:00-05:00 Whether worker should have entitlement for chronic pain disability or psychotraumatic disability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63370 2013-04-05T00:00:00-05:00 Entitlement to LOE benefits after termination of an injured worker's employment for reasons unrelated to the compensable injury. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63014 2013-04-04T00:00:00-05:00 Whether worker's condition was chronic pain or fibromyalgia. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62940 2013-04-03T00:00:00-05:00 Whether entitlement should be granted for chronic pain or psychotraumatic disability. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63532 2013-03-28T00:00:00-05:00 Psychiatric condition related to mistreatment by a supervisor and co-workers after return to modified work following a physical injury. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62279 2013-03-27T00:00:00-05:00 Whether the Tribunal had jurisdiction on a right to sue application after the civil action was dismissed by the court as abandoned. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62643 2013-03-25T00:00:00-05:00 Determination of the date from which the time limit to appeal should run. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63550 2013-03-25T00:00:00-05:00 A notice of audit is spent only if it takes too long for the audit results to be first communicated to the employer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63390 2013-03-22T00:00:00-05:00 Whether a millwright, with a history of smoking and alcohol consumption, had entitlement for esophageal cancer. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62844 2013-03-20T00:00:00-05:00 Whether hearsay evidence can be the basis for rejection of direct testimony. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63316 2013-03-12T00:00:00-05:00 Denial of entitlement by the Board to workplace insurance benefits after determination that the worker's right of action was taken away. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63464 2013-03-11T00:00:00-05:00 Admissibility of surveillance evidence. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62520 2013-03-08T00:00:00-05:00 Whether to consider a retroactive NEER adjustment in the context of an appeal regarding the quantum of SIEF relief. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63282 2013-03-04T00:00:00-05:00 Application by the common law spouse of a deceased worker for authority to pursue a claim on behalf of the worker's estate. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63373 2013-03-04T00:00:00-05:00 Determination of worker status of a child helping in a family business. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62570 2013-02-28T00:00:00-05:00 Whether an injury was an accident or attempted suicide. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=46609 2013-02-27T00:00:00-05:00 Application of Board policy on occupational disease in claim that meets factual provisions of the policy, without need to consider other etiologies. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63101 2013-02-27T00:00:00-05:00 Whether contentious family matters provided a legitimate reason for failure to co-operate with LMR. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62568 2013-02-26T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62647 2013-02-26T00:00:00-05:00 Whether a worker was entitled to a discretionary increase in the NEL award for shoulder impairment. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63309 2013-02-22T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=61798 2013-02-20T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62915 2013-02-19T00:00:00-05:00 Classification of a provider of home care services. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=61098 2013-02-12T00:00:00-05:00 Consideration of entitlement to multiple FEL awards where worker was already in receipt of a full FEL award. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=61547 2013-02-11T00:00:00-05:00 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. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62435 2013-02-06T00:00:00-05:00 Type of new evidence required to re-open issue of extension of a time limit. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=60997 2013-01-30T00:00:00-05:00 Application by defendants in a civil action, who chose not to participate in a right to sue application, for clarification of the decision. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63181 2013-01-25T00:00:00-05:00 Traumatic mental stress of police 911 dispatcher. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=54113 2013-01-24T00:00:00-05:00 Entitlement for traumatic mental stress based on continuous verbal harassment by a co-worker. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=62350 2013-01-24T00:00:00-05:00 Consideration of a worker's request for an adjournment in order to pursue other issues at the Board. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63053 2013-01-18T00:00:00-05:00 Temporary benefits after retirement under the pre-1985 and pre-1989 Acts. https://wsiat.on.ca/en/home/noteworthyDecisionDetails.asp?decid=63179 2013-01-17T00:00:00-05:00