IWC news

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

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’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.

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.

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.

An online community meeting is being held Wed. April 29 at 1  p.m. for injured/ill workers and allies on the Government of Ontario’s proposed changes to the Workplace Safety and Insurance Act.

Several weeks ago they announced that:

• Following through on a promise from two elections ago, they would raise injured workers’ Loss of Earnings benefits from 85% of pre-injury wage to 90%.
• Following sustained pressure from people like you, they would allow some workers to receive benefits past age 65 if they can prove they planned on working past that age.
• They would expand mandatory coverage to 29,000 additional workers at residential care facilities, retirement homes and group homes.

The changes to the Workplace Safety and Insurance Act have now been introduced in Schedule 9 of Bill 105, Protecting Ontario’s Workers and Economic Resilience Act, 2026. Unfortunately it includes several dangerous proposals that would fundamentally change the Workers’ Compensation system, and leave injured workers exposed to a lifetime of surveillance and income insecurity.

Please join the community meeting to discuss these changes and work together on an appropriate response. The event will include presentations from legal experts and injured workers, as well as time for conversation about what steps need to be taken to protect these vital protections for injured workers.

It will take place on ZOOM or by phone, and you can register here to get sent a link and call-in information.