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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 2585 15
12/8/2015
S. Netten

  • Earnings basis (apprentice)

The worker was an apprentice electrician. The worker appealed a decision of the Appeals Resolution Officer basing LOE benefits on earnings of $27 per hour.
The Vice-Chair found that the employer had one journeyperson electrician, with whom the worker worked. The Vice-Chair agreed with the worker's representative that neither Board policy nor the Regulation distinguishes between union and non-union employment, but considers only whether a journeyperson was employed in the same trade as the worker. Therefore, whether the electrician working for the employer was unionized or non-unionized was irrelevant. That electrician was earning approximately $34 per hour.
The worker was entitled to LOE benefits based on the earnings of the electrician employed by the employer. The appeal was allowed.