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Established in 1985, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) is the final level of appeal to which workers and employers may bring disputes concerning workplace safety and insurance matters in Ontario. WSIAT has always been separate from and independent of the Workplace Safety and Insurance Board.

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  Decision 809 10 R
6/19/2013
R. McCutcheon

  • Jurisdiction, Board (decision of Tribunal)
  • Reconsideration (implementation of decision)
  • Reconsideration (new evidence)

In Decision No. 809/10, the Vice-Chair found that the worker had entitlement for psychotraumatic disability, with the nature and quantum of benefits to be determined by the Board, and found that the worker was entitled to partial LOE benefits based on ability to work part-time in the identified SEB. The Board then granted the worker a 25% NEL award for psychotraumatic disability. The worker then requested full LOE benefits after the NEL assessments, but the Board declined jurisdiction on that issue, finding that the Tribunal had already ruled on the worker's entitlement to LOE benefits.
The worker applied for reconsideration of Decision No. 809/10. The worker submitted that the Board was incorrect in its interpretation of the decision, as the wording of the decision left it open for the Board to determine, after the NEL assessment, whether and for how long the worker could work. The worker also submitted essentially that the NEL assessment was substantial new evidence that justified a reconsideration.
The Vice-Chair stated the Board correctly interpreted the original decision. The decision was a final determination of the worker's entitlement to LOE benefits, which took into account the relevant evidence regarding the worker's entitlement for psychotraumatic disability. Therefore, the Board was correct in finding that it did not have jurisdiction to revisit the issue of the quantum of LOE benefits.
Further, the NEL assessment was not substantial new evidence. Again, the nature of the worker's psychotraumatic disability, as well as the compensable back condition, were fully taken into account in the original decision to grant partial LOE benefits.
The application to reconsider was denied.