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Home / Blog / Claims / “Turning a blind eye is not a lawful option”

“Turning a blind eye is not a lawful option”

November 25, 2016

“WSIB mulls reform to rules that deny compensation to some mentally ill workers: Critics say Workplace Safety and Insurance Board has power to enact change immediately” / Sara Mojtehedzadeh (Toronto Star, November 25, 2016)
Following complaints filed recently with the Ombudsman and Ontario Human Rights Commission by a group of legal experts in regard to the WSIB’s treatment of workers with chronic mental stress injuries, the Board has responded in a letter to the Toronto Star. Chief Operating Officer Brian Jarvis states that the WSIB is in discussion with the Ministry of Labour on possible options, but cannot reverse its policy of denying compensation until the government makes legislative changes to the Workplace Safety and Insurance Act.

Citing a 2003 Supreme Court ruling that government agencies are not obliged to apply laws found to be unconstitutional (Martin (Nova Scotia Compensation Board v. Martin, [2003] 2 S.C.R. 504, paragraph 28), lawyer Ron Ellis disagrees that the Board’s hands are tied …

Read more:

  • Newberry, David. 2016, Nov. 22. “WSIB Ignoring Workplace Chronic Mental Stress.” RankandFile.ca
  • Ellis, Ron. 2016, Nov. 18. “WSIB is bound by the law.” Administrative Justice System Reform

Filed Under: Claims, Mental Health

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