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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 763 16
4/19/2016
Z. Onen

  • Health care (maintenance treatment)

The worker suffered a back injury in 1972, for which he was granted a 10% pension, later increased to 15% and then to 17.5%. In Decision No. 330/93, the Tribunal found that the worker had ongoing entitlement and that he was also entitled to reimbursement for chiropractic treatment. The Board reimbursed the worker and also paid for further chiropractic treatment from time to time. The worker retired in 1996. In this decision, the Vice-Chair found that the worker was entitled to maintenance chiropractic treatment after 2010. Maintenance treatment is not restricted to support workers who are returning to work. It is also available to reduce pain, decrease the use of medication or improve level of function. In this case, the worker, who has received chiropractic treatment for many years, often at personal cost, benefits from the treatment. The treatment was necessary for his continuing ability to maintain a reasonable degree of function, including control of pain. The worker was also entitled to chiropractic treatment for a specific incident when he aggravated his compensable condition as a result of a non-compensable fall.