Author Archives: R. Ellis

WORKERS’ COMP AND THE FINAL-SAY PROCEDURES – TIME FOR STATUTORY REFORM

Toronto Star, front-page headline – October 5, 2017 “Tribunal Overturns WSIB Practice of Cutting Migrant Aid” NOT ACTUALLY TRUE Time for a Statutory Reform of the Final-Say Procedures   The Issue The migrant-worker decision of the Ontario Workplace Safety and Insurance Appeals Tribunal that caught the Toronto Star’s attention (Decision No. 1773/17) once again shines the View Post

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ONT. WSIB – GETTING THE PRE-EXISTING CONDITIONS POLICY BEFORE THE COURTS, NOW!

THE ISSUE AND THE CONTEXT The Board’s post November 2014 operational policies in which the level of permanent impairment  resulting from a workplace injury is to be determined by discounting for asymptomatic pre-existing conditions constitute an arbitrary and unlawful repudiation of the thin-skull doctrine in Ontario’s workers’ compensation system. The law governing the application of View Post

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Ontario WSIAT – Pre-existing Degenerative Disc Disease – A Surprise, a Missed Opportunity

A SURPRISE, A MISSED OPPORTUNITY Pre-existing, Asymptomatic DDD Conditions Not Grounds for Impairment-Rating Reductions (As a Matter of Interpretation) INTRODUCTION If the Ontario WSIB thought that through its November 2014 publication of its Operational Policy on “Determining the Degree of Permanent Impairment” – Policy No. 18-05-03 – it had authorized its adjudicators to reduce permanent View Post

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Ontario WSIB – NO EVIDENCE Demands a Public Inquiry

NO EVIDENCE A CLARION CALL FOR A PUBLIC INQUIRY INTRODUCTION IAVGO Community Legal Clinic recently released its 86-page report, “NO EVIDENCE”.[1] The report is a game-changer.  It is a game-changer because it proves, on the basis of unimpeachable evidence, that, under its post-2009 management regime, Ontario’s Workplace Safety and Insurance Board’s adjudicative factual findings are View Post

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Workers’ Comp Reclamation? Alberta Points the Way.

Reclamation:  A process of claiming something back or reasserting a right. INTRODUCTION For the radical right of corporate employers, Alberta’s workers’ compensation system has long been the shining city on the hill – the system with the lowest premiums in Canada. In Ontario, the radical management regime that captured Ontario’s workers’ compensation system in 2010 View Post

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Ontario’s WSIB and the power implants – CMS Benefits Policy – A Case in Point – Wrong Standard of Proof

CHRONIC MENTAL STRESS BENEFITS THE WSIB’s DRAFT POLICY WRONG STANDARD OF PROOF INTRODUCTION On May 4, 2017, the Ontario WSIB published a draft Operational Policy concerning entitlement to “Traumatic or Chronic Mental Stress Benefits” respecting “accidents on or after January 1, 2018”.  (Draft for Consultation Purposes, Document Number 15-03-14.) The CMS (Chronic Mental Stress) Benefits View Post

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Ontario’s WSIB and the Bill 127 Amendments – The power implants – What do they Mean? – Part IV – Adjudicative Principles Policies

THE WSIB POWER IMPLANTS – PART IV           POLICIES CONCERNING             DIFFERENTIATED EVIDENTIARY REQUIREMENTS AND ADJUDICATIVE PRINCIPLES INTRODUCTION This is my fourth, and last, post on the WSIB’s four, mysterious power implants inserted in Ontario’s WSIA by means of the “Stronger, Healthier Ontario Act (Budget Measures), View Post

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Ontario’s WSIB and the Bill 127 Amendments – The power implants – What do they Mean? – Part III – Adjudicative Principles Policies

THE WSIB POWER IMPLANTS – PART III           POLICIES CONCERNING             ADJUDICATIVE PRINCIPLES INTRODUCTION This is my third post on the WSIB’s four, mysterious power implants inserted in Ontario’s WSIA by means of the “Stronger, Healthier Ontario Act (Budget Measures), 2017 in Schedule 33 of Bill View Post

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Ontario’s WSIB and the Bill 127 Amendments – The power implants – What do they do? – Part II – EVIDENTIARY REQUIREMENTS POLICIES

THE WSIB POWER IMPLANTS – PART II EVIDENTIARY REQUIREMENTS POLICIES INTRODUCTION This is my second post on the WSIB’s four, mysterious  power implants which Schedule 33 of Bill 127 has added to Ontario’s WSIA by means of the “Stronger, Healthier Ontario Act (Budget Measures), 2017”.  For a description of all four of those implants see View Post

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Ontario’s WSIB and the Bill 127 Amendments – The power implants – Why are they needed? Part I

THE WSIB POWER IMPLANTS INTRODUCTION Schedule 33 of Bill 127,  the “Stronger, Healthier Ontario Act (Budget Measures), 2017”, will amend the Ontario Workplace Safety and Insurance Act in a number of ways, many of them apparently positive from an injured worker’s perspective – the addition of chronic mental stress benefits, increases in various minimum amounts, View Post

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