• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Injured Workers Online

Injured Workers Online

Working Together for Justice

  • Blog
  • Sign Up
  • About
  • Twitter
Working Together for Justice
  • Workers’ Compensation
    • History
    • Law Reform
    • Workers’ compensation bills
    • Chronic Pain Victory
    • Research and Education
    • Bancroft Institute
    • Meredith Conference: “No-Half Measures”
    • RAACWI
  • Issues
    • Appeals
    • Benefits
    • Experience Rating
    • Funding
    • Mental Health
    • Poverty
    • Return to Work
    • Stigma and surveillance
    • Universal Coverage
  • Community
    • Ontario Network of Injured Workers Groups (ONIWG)
    • Workers’ Comp Is a Right campaign
    • Injured Worker Groups
    • IW Speakers School
    • Injured Workers’ Stories
    • Organizing and Action
    • Arts & social justice
  • Events
    • Calendar View
    • RSI Awareness Day
    • Day of Mourning
    • Justice Bike Ride
    • Injured Workers Day
    • December demo
    • Labour Day – a workers’ festival
  • Media
    • In the News
    • Press Releases
    • Fact Sheets
    • Headlines on workers’ compensation
    • Videos
  • Resources
    • Law and Policy Submissions
    • Reports, Articles & Papers
    • Practical guides & booklets
    • IWHP Bulletins
    • Library
    • Find Legal Help
    • Links
Home / Blog / Benefits / Board’s “pre-existing conditions” policy change and review

Board’s “pre-existing conditions” policy change and review

December 15, 2017

“WSIB to abolish policy that slashed benefits for thousands.” / Sara Mojtehedzadeh (Toronto Star, Dec. 15, 2017)
Responding to widespread criticism that it blames injuries on pre-existing conditions that had no impact on workers before their injury, Ontario’s Workplace Safety and Insurance Board has announced a major policy change in how it considers pre-existing conditions when awarding non-economic loss benefits (NEL) for permanent impairment. As of December 15, the Board will “no longer reduce benefits for people with an asymptomatic pre-existing condition if it is non-measureable”. The WSIB will also reconsider the approximately 4500 decisions made between 2012 to the present where there was a reduction in benefits due to alleged pre-existing conditions. [See further details on WSIB’s Update on Non-Economic Loss (NEL) Award Review].

The controversial practice, first introduced in 2012 with other austerity measures to address a so-called unfunded liability “crisis” , has been challenged for upending the longstanding “thin skull” principle of workers’ compensation which says says workers cannot be discriminated against because of a pre-existing condition that caused no symptoms before a workplace accident. The Workplace Safety and Insurance Appeals Tribunal has agreed, allowing almost 80% of 2012-2106 injured workers’ appeals of Board decisions cutting benefits due to alleged pre-existing conditions.

“Stop cutting benefits based on pre-existing conditions” has been one of the key demands of ONIWG’s Workers’ Comp Is A Right campaign. The practice has also been the subject of a class-action lawsuit (now to be dropped) brought by lawyers Richard Fink and Alan McConnell on behalf of injured worker Pietro Castrillo.

More to do…

While welcome as a step in the right direction, the new policy of not reducing benefits applies only to non-measurable conditions so may still exclude many from fair compensation. As IAVGO lawyer Maryth Yachnin points out:

.. a worker who had the tip of a finger amputated as a child may be perfectly capable of working. But if that hand is cut off in a workplace accident, they would still have a “measurable” pre-existing condition — even if it didn’t affect their ability to do their job.”

Filed Under: Benefits, In the News

Primary Sidebar

Latest Tweets

Injuredworkersonline Follow

IWO_org
Injuredworkersonline @iwo_org ·
15 Mar

Then & Now: Technology and the changing hazards in mining https://www.thesafetymag.com/ca/topics/technology/then-now-technology-and-the-changing-hazards-in-mining/439237#.ZBH4wPPGS2M.twitter

Reply on Twitter 1636048781316882432 Retweet on Twitter 1636048781316882432 Like on Twitter 1636048781316882432 1 Twitter 1636048781316882432
Injuredworkersonline @iwo_org ·
15 Mar

Bill C-224 Cancer legislation reaches important milestone in Canadian Parliament https://www.iaff.org/news/cancer-legislation-reaches-important-milestone-in-canadian-parliament/

Reply on Twitter 1636048154285215745 Retweet on Twitter 1636048154285215745 Like on Twitter 1636048154285215745 1 Twitter 1636048154285215745
Injuredworkersonline @iwo_org ·
15 Mar

Ontario roofing company fined after man not wearing fall protection killed in fall while working on a school portable - OHS Canada MagazineOHS Canada Magazine https://www.ohscanada.com/ontario-roofing-company-fined-110k-after-man-killed-in-fall-while-working-on-a-school-portable/

Reply on Twitter 1636047273758199809 Retweet on Twitter 1636047273758199809 Like on Twitter 1636047273758199809 3 Twitter 1636047273758199809
Load More...

Footer

Stay connected – get our blog updates
Copyright © 2023 Injured Workers Online
  • Accessibility
  • Terms of Use
  • Privacy

The information in this website is for educational purposes only. It is not a substitute for legal advice. For legal advice, see Find legal help