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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 2179 13
12/3/2013
S. Netten

  • Supplements, transitional provisions (review)
  • Supplements, transitional provisions (calculation)

The Board granted the worker a supplement under s. 147(4) of the pre-1997 Act in June 2000, regarding an accident that occurred in 1981. The worker appealed a decision of the Appeals Resolution Officer denying ongoing s. 147(4) benefits after July 2002.
Section 147(7) provides that a supplement under s. 147(4) continues until the worker becomes eligible for old age security benefits. Section 147(13) provides for review of the supplement in the 24th month and 60th month following the award and recalculation of the amount of the supplement. This has been interpreted in numerous Tribunal decisions to mean that the Board cannot generally reconsider initial entitlement to a supplement but is required to review and recalculate the quantum of the benefits at the 24th and 60th months following the award.
In this case, based on the worker's pension and employment earnings, the recalculation of the amount of the supplement in 2002 and 2005 resulted in benefits calculated at zero. The worker had a reduction in employment earnings in 2009, but there was no basis for recalculation after 60 months.
The appeal was dismissed.