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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 1331 17
5/24/2017
J. Smith

  • In the course of employment (residential employees)
  • In the course of employment (travelling)

The Board granted the worker entitlement for a motor vehicle accident in September 1997. The employer appealed.
The work site was about 200 kilometres from the worker's home. By arrangement with the employer, the worker drove about 45 minutes to one of the employer's facilities, left his car there and took a company vehicle to drive the rest of the way. The worker stayed in a bunkhouse at the work site. He worked on a two-week cycle. The accident occurred while driving the company vehicle on a public road from the employer's facility to the bunkhouse.
The Vice-Chair found that the worker was in the course of employment at the time of the accident. The fact that he was driving to the work site the evening before the start of his shift did not mean that the worker was out of the course of employment.
The worker had entitlement for the accident.