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Injured Workers Community Legal Clinic

Serving injured workers free of charge since 1969

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Advocates call out denial of chronic stress claims

2026-10-01

The WSIB’s chronic mental stress policy is “discriminatory, exclusionary and narrow,” said Chris Grawey of Injured Workers’ Consultants (IWC) “…essentially a get-out-of-compensation-free card for WSIB and employers.” While 2018 reforms expanded eligibility for  workers’ compensation to cover long-term stress on the job that accumulate over time (gradual onset), such as that caused by workplace harassment, abuse and excessive pressure, a Toronto Star report based on WSIB data obtained for the period 2018 to Dec. 2025 shows that 77% of adjudicated claims were denied.

While a slight improvement on the 90% denial rate reported in 2023, injured worker advocates point to discriminatory, restrictive requirements that discourage workers from filing claims in the first place. Article cites Chris Grawey (Injured workers Community Legal Clinic), researcher Stephanie Premji and IAVGO lawyer Maryth Yachnin on the  barriers encountered and the higher test required for chronic mental stress claims: rather than using the “significant contributing factor” test as for physical injuries, for psychological injuries workplace factors must be the “predominant cause”.

Read the full article: Alsharif, Ghada. 2026 Oct. 1. “Ontario expanded WSIB benefits for chronic on-the-job stress. Why most claims are denied.” Toronto Star

IWC cautions against proposed lock-in changes

2026-09-11

In an interview for the CBC, staff lawyer Kathrin Furniss joins other advocates in warning that injured workers with permanent or long-term injuries could lose a key protection with removal of the “lock-in” rule under proposed Ontario Bill 105, 2026 . The Bill is headed for third and final reading after the Legislative Assembly resumes in the fall (October 27).

“It will open up a lot more appeals, adjudication, fights and surveillance” (Kathrin Furniss, Injured workers Community Legal Centre lawyer)

Under the lock-in rule, injured workers with permanent or long-term injury receive a fixed amount of benefits for loss of earnings after six years until age 65, usually without the stress and uncertainty of having their claim perpetually open for re-challenge or reassessment. Though not a permanent guarantee (for example the WSIB can still review benefits if there is a significant change in circumstances), access to stable benefits without constant Board scrutiny and employer appeals allows workers to move on with their lives and recovery. Not having to “repeatedly revisit” traumatic experiences to re-justify entitlement to benefits is particularly critical for workers with mental stress injuries.

While acknowledging the Bill goes some way to addressing concerns long raised by the injured worker community (coverage, benefit rate increases, age discrimination), advocates argue these should not come at the cost of losing the lock-in.

CBC News was unable to receive a response from the Province on why it wants to remove the lock-in.

Read or listen to the full article:      Raveendran, R. 2026 Sep. 10. “Injured workers could lose key protection under proposed Ontario bill, advocates warn.” CBC News

IWC on surplus distribution without guardrails

2026-07-06

Asked for comment in CBC’s coverage of Prince Edward Island WCB’s policy on surplus distribution regardless of employers’ track record of workplace safety, IWC’s caseworker Chris Grawey responds that “it’s insulting and disgraceful that there are no parameters and criteria.” 

“How would you feel … if … a friend or family member, a co-worker dies at work and then later on that year that company gets either a cheque for surplus distribution or a credit put on their account so they pay less next year,” said Grawey.

Unlike Ontario and Alberta, PEI lacks guardrails that prevent payouts to employers considered less safe.

Read or listen to the full article here: Sharkey, J. & J. Legge. 2026 Jul. 5. “Workers’ comp system returned $185M to PEI employers since 2015, even after workplace accidents.” CBC News

IWC submission on Fortifying Ontario’s Economy

2026-06-11

IWC’s response to the consultation on the Ontario’s proposed Critical Minerals Strategy addresses the high workplace injury rate of workers in the mining and quarrying industries and their need to have the same health and safety protections as all workers in Ontario. It calls on the government to state by regulation that there will be no exemptions for workers in special economic zones from the Occupational Health and Safety Act, the Workplace Safety and Insurance Act, the Labour Relations Act and the Employment Standards Act ….

Read the full submission (html) or download the pdf.

IWC submissions on Bill 105 – WSIA amendments

2026-05-22

On May 13 IWC’s Orlando Buonastella & Kathrin Furniss, together with injured worker Marvin Mulder, made a presentation before the Standing Committee on Finance and Economic Affairs hearings on Bill 105 ‘s Schedule 9 amendments to the Workplace Safety and Insurance Act.

As also detailed in written submissions, IWC supports sections of the Bill that expand coverage to uncovered workers, increase the Loss of Earnings (LOE) benefits rate, and allow for LOE benefits to continue after the age 65 cut-off. However the Clinic finds that these changes are incomplete and proposes recommendations on LOE and Loss of Retirement Income, benefit retroactivity, retirement age of 70, re-employment obligations, universal coverage. Of particular concern, the proposal to terminate the 72-month lock-in of LOE benefits and the proposed cap to LOE benefits at 100% of Net Average Earnings (NAE).

Download the full submission.

Opinion piece on age 65 cut-off

2026-04-23

Op-ed “Older workers deserve fair treatment” by IWC’ sTebasum Durrani and Chris Grawey was published in the April 22, 2026 edition of Hamilton Spectator.

The authors argue that the proposed changes to the Workplace Safety and Insurance Act [Bill 105, schedule 9] fail to adequately recognize that Ontario’s workers’ compensation system is built on outdated assumptions about work, aging, and economic security. In particular, the amendments in “relying exclusively on individualized proof while not increasing the retirement age above 65 create barriers, not fairness….A worker-first approach is to raise the retirement benchmark to age 70, with flexibility for even later retirement, if supported by evidence. This would align the law with modern workforce realities and reduce unnecessary administrative burdens on decision-makers already stretched thin…”

Among other issues addressed – the need for retroactivity in full compensation for the LOE and Loss of Retirement benefits, and a call for universal coverage.

Read the full article here.

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Injured Workers Community Legal Clinic (IWC)
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Toronto, ON M4J 1L2
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This site contains general legal information for Ontario, Canada. It is not intended to be used as legal advice for a specific legal problem.