- Time limits (knowledge of time limit)
- Notice of accident (by worker) (disablement)
The issue under appeal was entitlement to an extension of time limit set out in section 22 of the WSIA to file a claim. The Board denied the worker's claim as she had exceeded the six-month time limit to report a work-related injury given the onset date of February 2016.
The appeal was allowed.The Vice-Chair noted that Document No. 15-01-03 "Workers' Requirement to Claim and Consent" applied to this appeal. The policy provides that the six-month deadline can be extended in certain circumstances. The Vice-Chair determined that the factors set out in Laski v. Laski and Cunningham v. Hutchings were applicable and relevant to time extension applications and appeals under the WSIA, including the filing of claims under section 22. The Vice-Chair stated there is little substantive distinction between filing an appeal and filing a claim. In the case of a time extension for filing a claim, section 22 of the WSIA provides that a time extension may be granted if "it is just to do so." Thus, the statutory provision contemplates the application of the principle of justice to the question of whether a time extension should be permitted. The first issue to be determined was when the six-month statutory time limit under section 22 of the WSIA began. The worker's claim was for a gradual onset disablement injury. Section 22 provides that the six-month time limit runs from the "date of the accident." Board OPM Document No. 15-01-03 states that in a gradual onset disablement claim, the six-month time limit "begins from the date the worker reports the disablement as work-related. This can be reported to the employer, health professional, or the WSIB." In the circumstances of this appeal, the worker's bilateral hand/wrist disablement, due to repetitive use at work, was not reported as work-related until late January 2018. The appeal was filed in June 2018. In any event, the Vice-Chair found that the justice of the case merited an extension of the six-month time limit. It was noted that the worker had difficulty with English, was not familiar with the workplace safety and insurance system in Ontario, and had never previously filed a claim. In particular, the worker testified that she had no awareness of the six-month time limit for filing a claim. The worker was not represented prior to June 2018, and she was not provided with guidance or assistance in filing a claim. The Vice-Chair found that these factors contributed to the worker's lack of awareness of the requirement to file a claim within a six-month time limit, and that the delay in filing the claim was understandable. It was noted that such a lack of awareness of the time limit is one of the exceptional circumstances referenced in OPM Document No. 15-01-03. Also, the nature of the worker's claim was such that the delay in filing was not likely to affect the Board's ability to adjudicate the claim on its merits.