WSIAT Decision No. 1324/22
An employer was successful in an appeal to the Tribunal for Secondary Injury Enhancement Fund (SIEF) relief of costs in allergic reaction injury (dermatitis) case.
Notably, the WSIB repeatedly denied the employer’s requests at various intervals throughout the claim’s evolution including the eventual determination of permanent impairment and requirement for alternate career options elsewhere (i.e. outside the employer). The WSIB failed to recognize the worker’s relevant past history in prior employment and the Board’s medical consultant opinion was flawed in its misinterpretation of the facts.
The Vice Chair allowed the employer’s appeal and granted 75% SIEF relief of costs. The employer was eligible for a manual adjustment of its final NEER experience rating statement for its 2018 accident year.