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WSIB presentation by Sambrano Paralegal

Workplace Safety and Insurance Board presentation. The WSIB promotes workplace health and safety, and provides a worker’s compensation system for the employers and workers of Ontario.

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Transcript of WSIB presentation by Sambrano Paralegal

Workplace Safety and Insurance Board
LEARNING OBJECTIVES
1. Basic law & legislation
2. Forms, procedures and hearing style
3. Two cases adjudicated by the WSIB/WSIAT
Workplace Safety and Insurance Appeals Tribunal
Work related injury?
Employer: 3 days to file Form 7
Contents: Employer's account i.e
type of accident/illness, work time lost, wage information
Can include information that will contradict worker's positions. From the employer's perspective
Employee: 6 months to file Form 6
Contents: Employee's account, type of accident/illness, work time lost, wage information
Decision Making Process
No formal hearing at this stage
Examination of medical reports
From worker's perspective
WSIB medical examination (optional)
Communicates with employer and receives workplace documentation
May use own investigator
If Benefits denied?
1. Request reconsideration by WSIB
2. Appeal to WSIAT
WSIAT
Launched by filing a notice of appeal
Court-like Hearing
May self-represent or retain a paralegal or lawyer
2. Judicial review at Divisional court
Challenging WSIAT decision
2 Options
1. Request reconsideration
What are the WSIB & WSIAT?
Basic Law and Legislation
Forms, procedures
and hearing style
WSIB
Examples of WISB decisions
1.
2.
Decision
Workplace Safety and Insurance Appeals Tribunal
What are the WSIB & WSIAT?
WSIAT
Two agencies established under the Ontario's Workplace and Insurance Act, 1997 S.O. 1990, c.16, Sch. A.
Provides a workers compensation system for the employers and workers of Ontario
JOB RELATED INJURY/DISEASE
2.
3.
Decision
Decision
The Issues
The Issues
Funded by premiums paid by employers
Injured workers who submit a claim waive their right to sue the employer
The acceptance of a claim by WSIB/WSIAT may increase the employer's premiums
How does it work?
Sent by mail
Decision No. 20110024
Worker claims compensation for non-Hodgkin lymphoma (NHL) due to work related exposure to hazardous materials between 1980 and 2007.
The weight of the evidence did not establish a link between the worker’s on the job exposure and the development of his disease.
Decision No. 20100027
Worker claimed compensation for hearing loss caused by the work environment due to his occupation from 1973-2006.
The balance of evidence supported that the hearing loss was consistent with worker's exposure to noise in work environment.
2011 CanLII 89886 (ON WSIB)
2010 CanLII 17586 (ON WSIB)
For further information:
http://www.wsib.on.ca
http://www.wsiat.on.ca
Workplace Safety and Insurance Board
Workplace Safety and Insurance Appeals Tribunal
Disclaimer:
This presentation contains general information about legal matters. Do not, under any circumstances, rely on information contained as legal advice. Please visit www.sambranoparalegal.com for full disclaimer details.
Issue:
Whether or not exposure to hazardous material was the cause of existing NHL.
Decision:
The worker’s claim was denied.
Issues:
Whether or not work environment contributed to, or was the cause of his hearing loss.
Decision:
The worker's claim was allowed.
Full transcript