Appeals

Deeming and the migrant worker

October 5, 2017

“Tribunal slams WSIB practice that cuts benefits to injured migrant workers” / Sara Mojtehedzadeh (Toronto Star, Oct. 5, 2017) In what is being called a landmark decision, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) has ruled that Ontario’s workers’ compensation board’s…

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A question of evidence

July 18, 2017

Cutting benefits in spite of the evidence – IAVGO Community Clinic’s recently released report, No Evidence: The Decisions of the Workplace Safety and Insurance Board, is a strong indictment of the Board’s “bad faith decision-making”. The analysis of the Appeals Tribunal…

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Injured Workers—A Voice for Justice for All

April 3, 2017

(The following account of last week’s hearing at the Supreme Court of the Quebec workers’ compensation appeal case and its personal significance is written by injured worker Sang Hun Mun with B. Lim) It was Thursday, March 30th, 2017. More than 15…

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Injured workers heading to the Supreme Court

March 28, 2017

This Thursday (Mar. 30) injured workers will be in the gallery for the Supreme Court hearing on the appeal case Commission des normes, de l’équité, de la santé et de la sécurité du travail (formerly CSST) v. Alain Caron [read summary …

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Lack of action & clarity on mental stress policy

February 14, 2017

“Critics tired of “foot-dragging” on injured worker discrimination : Ontario’s ombudsman will not investigate workers’ compensation for ‘unconstitutional’ stress policy” / Sara Mojtehedzadeh (Toronto Star, February 13, 2017) Injured workers suffering from psychological conditions brought on by long-term workplace issues are…

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Calling for recognition of chronic occupational mental stress injuries

November 15, 2016

“Ombudsman asked to probe WSIB treatment of mentally ill: Complaint from group of legal experts says workers with chronic mental stress injuries face systematic discrimination.” / Sara Mojtehedzadeh (Toronto Star, Nov. 14, 2016) London injured worker Wendy Knelsen, diagnosed with work-related…

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Ombudsman hears from more injured workers

July 25, 2016

“Provincial watchdog sees major spike in injured worker complaints” / Sara Mojtehedzadeh (Toronto Star, Jul. 23, 2016) With 600 complaints in the period Apr-Mar 2015/2016 to the Ombudsman about Ontario’s workers’ compensation board, the numbers are up almost 20% over last year…

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Board’s use of pre-existing conditions under scrutiny

July 18, 2016

“Injured workers routinely cut off WSIB by improper rulings: critics say decisions citing pre-existing conditions unlawfully force vulnerable workers to battle for compensation they’re entitled to.” / Sara Mojtehedzadeh (Toronto Star, Jul. 21, 2016) (updates Jul. 18 article: “WSIB slashes benefits and…

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Supreme Court ruling on scientific certainty

June 26, 2016

“Supreme Court finds in favour of medical workers who claim cancer caused by workplace” / (Toronto Star, Jun. 24, 2016) In a 6-1 decision (2016 SCC 25) released Friday, the top court upheld BC Workers Compensation Appeals Tribunal 2010 and…

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Calling for changes in appeal time limits

June 19, 2016

In a letter to the Attorney of General and Minister of Labour, lawyers Michael S. Green, Ellen R. Lipes, Gary Newhouse and Peter Bird, call for reforms which, at a minimum, establish a single, long duration time limit in each WSIB…

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