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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 284 15
2/19/2015
M. Crystal

  • Reflex sympathetic dystrophy
  • Chronic pain

The worker suffered a right arm disablement in 1987. The worker appealed a decision of the Appeals Resolution Officer denying entitlement for chronic pain disability and denying supplementary benefits under s. 147(4) of the pre-1997 Act.
The worker had reflex sympathetic dystrophy, also knows as complex regional pain syndrome. Tribunal decisions have taken the approach of providing workers who have been diagnosed with reflex sympathetic dystrophy with compensation pursuant to the Board's policy on chronic pain disability. Notwithstanding the diagnosis of reflex sympathetic dystrophy, in order to be entitled to benefits under the chronic pain disability policy, it is necessary to demonstrate that the worker's case meets the criteria for entitlement set out in the policy.
On the evidence, the worker had entitlement under the chronic pain disability policy. The worker was also entitled to s. 147(4) supplementary benefits. The appeal was allowed.