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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 1803 13
12/27/2013
S. Martel

  • Consequences of injury
  • Health care (pool therapy)

The worker suffered a low back injury in 1995. The worker appealed a decision of the Appeals Resolution Officer denying additional entitlement and benefits.
On the evidence, the worker did not have entitlement for additional areas of injury. The worker was not entitled to redetermination of the NEL award for permanent low back impairment. The Vice-Chair also confirmed the FEL benefits based on entry-level earnings as a sales associate.
The worker was not entitled to reimbursement for aqua therapy. The Vice-Chair was not persuaded that an aqua fitness program, offered at a municipal recreation department for all its citizens, qualified as health care within the meaning of the pre-1997 Act. The worker did not require a medical note to attend the program. There was no evidence that the program was offered by a professional health care provider.
The appeal was dismissed.