Category Archives: FEATURED NEWS

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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Unjust by Design – still out there …

In the March 2017 issue of the Canadian Journal of Administrative Law & Practice (vol. 30, pp 119-144) one will find an article written by Andrew Taillon (of the Nova Scotia Department of Justice) entitled: “To the Rescue: The Grievance Arbitration Model as a Solution to Canada’s Unjust by Design Administrative Justice System Problem”. That View Post

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WSIB AND SOME OF THE EVIDENCE IT WILL HAVE TO CONFRONT IN CASTRILLO

INTRODUCTION The author’s March 10, 2017, post in this website described the highlights and implications of the Court of Appeal decision in Castrillo, the Fink & Bornstein class action against Ontario’s WSIB. The class action claims that the Board was guilty of misfeasance in public office when, from circa January 2012 to November 2014, it View Post

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