Workplace Safety and Insurance Appeals Tribunal Contains recent announcements and highlights of recent noteworthy decisions. en-ca Queen's Printer for Ontario, 2009 2010 January 12:54:00 ET http://www.wsiat.on.ca/index.asp Workplace Safety and Insurance Appeals Tribunal http://www.wsiat.on.ca/images/coatOfArms.png 350 58

Highlights of Noteworthy Decisions

Decision No. 544 11 I Estoppel analysis and jurisdictional analysis considered in an appeal from a Board decision, where there was already a previous Tribunal decision on the issue. http://www.wsiat.on.ca/index.asp Decision No. 2049 11 Degenerative change typical of a worker's age does not, in and of itself, represent a pre-existing condition for the purposes of the Board's SIEF policy. http://www.wsiat.on.ca/index.asp Decision No. 2184 11 Even if reasons for acceptance of an early retirement package are related to a compensable injury, a worker is not entitled to LOE benefits subsequent to retirement if suitable modified work was available with the accident employer. Relevant date for determination of availability of suitable work is the date the worker made the irrevocable decision to retire. http://www.wsiat.on.ca/index.asp Decision No. 1892 11 Limitation of retroactivity for employer premium adjustments did not apply to an employer's failure to register with the Board. http://www.wsiat.on.ca/index.asp Decision No. 512 06 Two-year limit on benefits to workers injured after age 63 in s. 43(1)(c) of the WSIA did not violate s. 15 of the Charter of Rights. http://www.wsiat.on.ca/index.asp Decision No. 143 11 Consideration of qualification as an expert witness. Consideration of synergistic effects of non-concurrent exposures to carcinogens. http://www.wsiat.on.ca/index.asp Decision No. 1926 11 For purposes of a NEL award, determination of whether a psychotraumatic disability was a permanent impairment and whether the worker was at maximum medical recovery. http://www.wsiat.on.ca/index.asp