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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 2678 17
9/15/2017
G. Dee

  • Right to sue (claim denied by Board)

The worker's estate brought an action against the worker's employer claiming that the worker developed ALS as a result of negligence of the employer regarding the worker's workplace exposure to chemicals. The defendant applied to determine whether the plaintiff's right of action was taken away.
The estate had claimed benefits from the Board but the claim was denied on the grounds that it had not been established that the worker's condition was related to her workplace exposure.
The core of the civil action was that the worker died as a result of a work-related disease. This is precisely the type of circumstance in which employers have a right to be protected from civil suit by the historic bargain that created the workers' compensation system and remains fully incorporated into the present day legislation.
The plaintiff's right of action was taken away. The Vice-Chair noted that he made no finding regarding continuing appeal rights at the Board or the Tribunal regarding the denied workplace insurance claim, as that issue was not argued on this application.