ONIWG is taking the WSIB to court on Monday at 10:00 am over the cost of living adjustments.
To observe the court hearing, go to the zoom website: https://zoom.us/join
* enter the Meeting ID: 692 8645 7863
* enter the Passcode: 477865
In 2022 the Ontario Network of Injured Workers Groups (ONIWG) called on Premier Ford to instruct the Workplace Safety and Insurance Board (WSIB) to properly apply the law and WSIB policy in determining the annual cost-of-living adjustment. For 2022, the WSIB set the cost-of-living adjustment to 2.7%, even though the rate should have been set at 4.7% based on the law and WSIB policy.
The government failed to respond and ONIWG has applied to the Divisional Court to order the WSIB to apply the law properly.
The issue before the court is the formula the law requires to adjust benefits according to increases in the cost of living. ONIWG says the law requires the Board to use the Consumer Price Index change published by Statistics Canada. [see letter to WSIB President & CEO]. The WSIB uses a complicated averaging process looking at cost of living changes over the previous 2 years.
The issue is not what is best for injured workers but WSIB claims that the approach it takes is better for injured workers in the long run. ONIWG’s calculations show this is wrong. We saw this in 2022 when the cost of living jumped dramatically and injured workers were left behind.
The court will not make its decision on Monday and will take some time to consider the arguments.