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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 874 14
6/27/2014
G. Dee

  • Board Directives and Guidelines (psychotraumatic disability)
  • Psychotraumatic disability

The Board denied the worker entitlement for psychotraumatic disability on the basis that the condition did not become manifest within five years of the compensable injury. The Vice-Chair noted that the five-year guideline in Board policy is a general rule but that it must not be applied to deny entitlement where proof of causation is established. Proof of causation for psychological impairments is not statutorily different than for non-psychological impairments, and there is no statutory time limit on entitlement for psychological conditions.
The Vice-Chair was satisfied that the worker's psychological condition was related to the compensable accident. The worker had entitlement for psychotraumatic disability.