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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 2810 16
11/7/2016
S. Martel

  • Expenses (burial)

The worker was in the course of employment when he died in a plane crash in November 2013. The employer paid funeral costs. The worker did not have a spouse, children or dependants. The worker's sister was the executor of his estate. She was not dependent on the worker's earnings.
The sister appealed a decision of the Appeals Resolution Officer denying entitlement for additional expenses associated with the worker's death and administration of his estate, specifically: lost wages of the sister's husband in the period from November 2013 to January 2014, as well as loss of accrual of vacation associated with the lost wages; mileage and lodging expenses in April 2014, to dispose of the worker's residence and possessions.
There is no provision in the WSIA or Board policy to pay for an executor's expenses, other than those reasonably connected to burial or cremation. In this case, the burial expenses were paid for by the employer. The expenses claimed were not reasonably connected to the burial. Rather, they were associated with settling of the estate.
The appeal was dismissed.