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Important Decisions

Here are important decisions of
the WSIB, WSIAT, OHRT, and the Courts,
that directly relate to injured workers

Workplace Safety & Insurance Board – WSIB Appeals:
Pre-Exisitng Condtions:
This is when the WSIB either reduces or completely denies benefits to injured workers, based on a claimed 'pre-existing condition'. This applies to various benefit award programs that the WSIB determines for injured workers.
In our courts it is referred to as the 'Thin Skull', 'Eggshell', or 'Crumbing Skull' approach. In our courts, they have always taken the victim, ‘as they are’, regardless of previous conditions. However, the WSIB several years ago completely moved away from this legal principle and adopted a policy of punishing injured workers by reducing or eliminating their benefits entirely.
This practice by the WSIB, has been without question, unethical, immoral, and illegal! Therefore, the WSIB have recently changed their policy and practice.

More information can be found here: http://injuredworkersonline.org/boards-pre-existing-conditions-policy-change-and-review

Workplace Safety & Insurance Appeals Tribunal – WSIAT:

Ontario Human Rights Tribunal – OHRT:

Ontario Superior Court of Justice:
Court of Appeal for Ontario:

Supreme Court of Canada:

Other courts: