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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 3263 16
S. Sutherland

  • Jurisdiction, Tribunal (binding nature of determination)
  • Pensions (arrears)
  • Pensions (assessment) (knee)

The worker suffered a knee injury in 1979, for which the Board granted the worker a 2% pension. In Decision No. 502/15, the Tribunal found that the worker was entitled to reassessment of the pension. The Board then increased the pension to 10%, retroactive to December 2011.
In this decision, the Vice-Chair confirmed the 10% pension and the arrears date for the increase. Decision No. 502/15 stated that the date of a medical report March 2012 should be used to determine the arrears date for the pension increase. The Board correctly granted the pension increase three months prior to the date of that report. The Vice-Chair was bound by the direction in Decision No. 502/15. If the worker wants to change the arrears date, the correct approach would be to apply for reconsideration of Decision No. 502/15.