In a Toronto Star article highlighting the systematic denial of chronic stress claims since the 2018 reforms, IWC’s Chris Grawey notes that “far from providing a safety net to vulnerable workers, the board’s approach to chronic stress has turned into a “get-out-of-compensation-free card for both the WSIB and employers..”
Following employer lobbying, the Board has applied a stricter legal test for chronic mental stress injuries than for all other types of injuries – requiring claimants show the workplace is the ‘predominant cause’ not just a ‘significant contributing factor’. As IAVGO’s Maryth Yachnin comments, Ontario’s compensation Appeals Tribunal (WSIAT) has found this higher bar unjustified. “Both can be complicated and both can have multiple causes, the tribunal noted: the board’s job in both scenarios is to follow the evidence and arrive at a fair decision…”
Read full article: “Chronic stress is a recognized work injury. So why does Ontario’s WSIB reject more than 90% of claims?” / Sara Mojtahedzadeh (Toronto Star, May 6, 2023)