IWC news

IWC’s community legal worker Francis Pineda responds in a recent Canadian Occupational Safety article to the WSIB’s assertion that lowering the deadline to appeal WSIB decisions from six months to 30 days will streamline the process without harming workers’ due process and access to justice. He rejects as outrageous the KPMG audit report recommendations which would suggest that injured workers and survivors are able to find legal advice and file an appeal within 30 days (and their worker representatives prepare submissions and gather the necessary medical reports), noting that this would create the shortest time limit in any Canadian jurisdiction… Read the full article.

In April the Thunder Bay District & Support Workers and IWC, following community consultation, issued a complaint to the Ombudsman. Information sessions continue to be held around the province on the negative impacts these changes, if implemented as recommended, could have for injured workers.

Yesterday, in a media conference, held on the eve of the annual Injured Workers Day, the Ontario Network of Injured Workers Groups (ONIWG) and injured and ill injured worker allies called on the provincial government to stop the recommendations from the KPMG report.

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)

Following a community consultation, IWC and Thunder Bay and District Injured Workers Support Group call for a meeting with the Ombudsman to address WSIB response to key recommendations made by the KPMG Value for Money Audit of the dispute resolution and appeals system, in particular the proposed drastic reductions to the time to appeal which would disentitle most injured workers. In addition to lessening access to justice for injured workers, the report includes recommendations that contravene Ontario’s Workplace Safety and Insurance Act.

In summary, the KPMG report recommendations would:

• add 3 new time limits for injured workers within a 90 day period
• cut the time limit to object to decisions from 6 months to 1 month
• cut the amount of time for injured workers to find a legal representative

Read and download the full letter to the Ombudsman.

While supporting the initiative to develop a policy for communicable illnesses IWC identifies a number of concerns, among which that it is highly restrictive, fails to apply the standard test for causation and the principle of individualized assessment.…

Read the full submission in PDF or DOC.

This IWC workshop to be held Feb. 22, 2023 from 11:00 am to 1:00 pm will focus on WSIB return-to-work services and retraining, and the different benefits available for workers as they go back to the workforce. We will hear from experts and advocates about policies, timelines, and procedures on return-to-work claims and retraining programs.

The workshop will be delivered in-person and virtually. If you plan to attend in-person or virtually, registration is required. You can register by clicking HERE or using this link: tinyurl.com/KYRFeb22

The Clinic is located at 815 Danforth Ave suite 411, Toronto. We will be encouraging participants to wear a mask throughout the workshop.

The event will provide general information on how the WSIB works, and include a Q&A session. Due to time constraints and privacy concerns, we will not be able to discuss specific cases, but we will provide details on how you can receive one-on-one advice about your case if you need it.

We hope to see you in person or online.

Note: Our next workshop – about deeming – will be on Wednesday April 19th at 11am. Put it in your calendar and keep your eyes on your email for topic and registration details.

The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has provided a number of proposed changes regarding their pre-hearing processes in order to reduce delays. IWC’s submission urges WSIAT to consider changes that simplify the process and help the system to serve the interests of injured workers…

Read full submission