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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 1982 13
12/3/2013
V. Marafioti

  • Permanent impairment {NEL} (redetermination) (significant deterioration)

The worker suffered compensable injuries in 1976 and 1993. In Decision No. 1285/99, the Tribunal found that the worker had a permanent thoracic back impairment and a permanent aggravation of his previous low back condition, resulting from the 1993 accident. The Board then granted a NEL award for the thoracic and low back conditions.
In this decision, the Vice-Chair found that the worker was entitled to redetermination of the NEL award for the low back condition. The Vice-Chair noted that a redetermination does not lead automatically to an increase in a NEL quantum. Rather, if there is medical basis to conclude that there is a deterioration, a NEL redetermination will assess and determine if indeed there is any measurable deterioration which places the worker below the current NEL quantum.