Appeals

WSIAT Decision 971/23: Reimbursement for medical marijuana

August 19, 2023

A recent decision by Ontario’s Workplace Safety and Insurance Appeals Tribunal (WSIAT) confirms the circumstance under which an injured worker may be reimbursed for the cost of medical cannabis. It has an interesting connection to the very first case that allowed reimbursement…

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WSIB’s appeal process consultation – why it matters, what you can do

June 28, 2023

Although the WSIB Operational Review report (2020) confirmed that the Workplace Safety and Insurance Board’s appeals process can be slow and complicated, the solutions proposed by KPMG’s 2022 Value for Money Audit of the Dispute Resolution and Appeal Process being considered in…

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Delivering the message

June 4, 2023

Injured workers and their allies came out in force in Toronto, London, Thunder Bay, Windsor this past Thursday for the 40th anniversary of Injured Workers Day. Among the many speeches and interviews a clear message was delivered to the government and…

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What do the KPMG recommendations on WSIB appeals process mean for injured workers?

May 6, 2023

Following a community consultation, Thunder Bay and District Injured Workers Support Group and Injured Workers’ Community Legal Clinic have called for a meeting with the Ombudsman to address the Workplace Safety and Insurance Board’s response to key recommendations made by the KPMG …

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Response to the Appeal Tribunal’s New Pre-hearing Process Consultation

January 21, 2023

The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has provided a number of proposed changes regarding their pre-hearing processes in order to reduce delays. The Injured Workers Community Legal Clinic made a submission to the consultation, which can be reviewed here.…

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What does a “fair hearing” mean to you?

March 25, 2022

As we move out of pandemic precautions and back into a face to face world, the tribunals that make major decisions in our lives – workers compensation, human rights, social assistance, evictions, and others – are wondering what format to use for…

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WSIAT survey on service, accessibility & barriers

October 3, 2021

The Workplace Safety and Appeals Tribunal’s (WSIAT) Access to Justice Working Group aims to remove barriers so everyone can fully participate in proceedings. WSIAT is seeking feedback in a short survey on customer service and the accessibility of its adjudicative processes and…

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Ontario Divisional Court overturns WSIAT, allows injured worker to sue

August 20, 2021

Jan Morningstar was a hotel cleaner in Niagara Falls. She successfully overcame uterine cancer but was left with one of the symptoms, an unusual odour. She was relentlessly teased and harassed by her co-workers and management did little or nothing to assist…

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The presumption of entitlement in workers’ compensation

November 7, 2018

A recent blog post by lawyer Antony Singleton questions the way a recent decision by the Workplace Safety and Insurance Appeals Tribunal (WSIAT) has handled the legal presumption of entitlement in the Workplace Safety and Insurance Act. The presumption of entitlement for…

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Appeal Court Stops WSIB Criminalization of Injured Workers’ Recovery from Injury

May 17, 2018

Ontario’s Court of Appeal has issued its decision on three cases that were heard together challenging convictions of injured workers for failing to report a material change of circumstances (Workplace Safety and Insurance Board v. Curtis, 2018 ONCA 441 (CanLII). Injured…

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Appeals

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