Category Archives: THE ISSUES

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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Tribunal Adjudication, Post # 2 – oral hearings important mostly because of the additional information they provide

The UCL empirical study of tribunal adjudication referred to in the previous post which shows that disability claims are 2.5 times more likely to be successful if the tribunal’s decision follows an oral hearing, also examined why that might be so. And, contrary to what one suspects some program administrators are prone to think, the View Post

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Tribunal Adjudication – The overwhelming importance of Oral hearings

TRIBUNAL DECISION-MAKING THE INFLUENCE OF ORAL HEARINGS ON OUTCOMES AN EMPIRICAL STUDY What would happen if one could take the exact same claim for a statutory benefit and have it adjudicated multiple times by a large number of different appeals tribunal adjudicative panels, some of whom are asked to decide the case on the basis View Post

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WSIB IS BOUND BY THE LAW

In his letter to the Toronto Star in response to Sara Mojtehedzadeh’s November 14th article on the subject of the mentally ill being denied WSIB benefits – the letter that was published November 16 – the WSIB’s Chief Operating Officer effectively takes the position that because the Board “is bound by the law” it has View Post

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Administrative Justice – Thin Skull Law, and Thin Skull Abrogation at the Ontario WSIB, TWO MEMOS ON OFFER FREE OF CHARGE

THE OFFER Copies of the following two memos by this author may be obtained at no charge by an email request addressed to sronaldellis@gmail.com: (1) An 11-page memorandum describing the law governing the thin skull doctrine in its application in Ontario’s workers’ compensation system (with supporting jurisprudence cited and quoted), and (2) a 13-page memorandum in which View Post

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Administrative Justice – WSIB ‘paper doctors’ – Not a Systemic Problem? HANG ON A MINUTE.

INTRODUCTION On Sunday July 10,  the Toronto Star’s front-page headline read: WSIB review defends use of ‘paper doctors’. The reference to the Ontario WSIB’s “paper doctors” first appeared in a November 2015 report by the Ontario Federation of Labour and the Ontario Network of Injured Workers’ Groups entitled “Prescription Overruled”.   That report alleged that View Post

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Administrative justice – op ed article English version, and reaction to WSIAT Chair Mystery

The reaction of one experienced workers’ comp advocate to the WSIAT Chair Mystery exposé :  That can’t be right, $ 140,000 per year? Some senior Appeals Officers at  the WSIB earn close to that amount.  Perhaps it comes with a huge severance package, pension benefits etc. That must be it, has to be. As if View Post

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For merit-based adjudicative tribunal appointments free of partisan/patronage influences, blow up the black box U.K. style

CONTEXT As described in past posts, a typical “merit-based” government appointments process starts with identifying a vacancy to be filled and specifying the qualifications required; then publishing the notice of vacancy with the specified qualifications and inviting applications; then screening out the obviously unqualified candidates and having the rest write a pass/fail examination; then bringing View Post

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Administrative Justice – Adjudicative tribunal Appointments – SOSSIN, MULLAN, JACOBS, HOULE, HECKMAN, ELLIS Open letter to PM RE ADJUDICATIVE TRIBUNAL APPOINTMENTS

I understand that a copy of the following letter to the Prime Minister  is now making its way through the links in social media, but just in case you haven’t seen it .. here it is. SOSSIN – MULLAN – JACOBS – HOULE – HECKMAN – ELLIS May 5, 2016 The Right Honourable Justin Trudeau, View Post

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Administrative Justice – what to look out for in merit-based appointments processes

PREFACE Well, it is time for me to stop abusing the Prime Minister and give up the shtick of an invented conversation with him.  I hope, readers, that you did not find it too off-putting and that you were able to find the substance behind the no doubt lame rhetorical device Today’s Topic In my View Post

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