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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 1098 17
4/21/2017
J. Smith

  • Chronic pain
  • Jurisdiction, Tribunal (binding nature of determination) (previous Tribunal decision)
  • Board Directives and Guidelines (usual healing times) (chronic pain)

The worker suffered a back injury in 1981. In Decision No. 2211/10, the Tribunal found that the organic condition resolved shortly after the accident and that, accordingly, the worker did not have ongoing entitlement.
In this decision, the Vice-Chair found that the worker did not have entitlement for chronic pain disability. The Vice-Chair was bound by the finding in Decision No. 2211/10 that the organic condition resolved shortly after the accident. Accordingly, there could be no entitlement for chronic pain disability, as the organic injury resolved within the expected time frame and did not persist for more than six months beyond the usual healing time.