News & Noteworthy Decisions
Judicial Review: Ontario Court Overrules Several WSIAT Decisions Relating to Presumptive Cancer
Earlier this year, the Ontario Superior Court overturned three WSIAT decisions that awarded presumptive entitlement to cancer claims for Communications Dispatchers, ruling the WSIAT decisions were unreasonable and illogical. This landmark ruling restores evidentiary balance and highlights important aspects of rebutting presumptive entitlement.
Working for Workers Seven Act, 2025 (Bill 30): New Proposed Penalties and Offences for Ontario Employers
Workers Seven Act, 2025 (Bill 30), proposes significant amendments to employment-related statutes. If passed, Bill 30 will impact Ontario employers by introducing new administrative penalties and offences.
May 2025 WSIB Labour Disruption: What You Need to Know
On May 21, 2025, WSIB employees began strike action. What does this mean for WSIB stakeholders?
Notable WSIB Policy Changes: Policy #18-02-02 – Determining Short Term Average Earnings
In the last year, the WSIB has made two (2) changes to the Short Term Earnings (STE) policy, both of which are important for employers to understand when they are filing their Form 7 or otherwise providing a workers’ earnings to the WSIB for the purpose of Loss of Earnings (LOE) benefit entitlement.
WSIB Introduces New Classification for Temporary Employment Agencies effective January 1, 2025
The WSIB is moving forward with its January 1, 2025 implementation of a new classification for Temporary Employment Agencies related to the supply of administrative, clerical and knowledge-based labour. The new classification will be added to Class L: Professional, Scientific and Technical (2025 base rate of $0.18 per every $100 of insurable earnings).
WSIB Announces Surplus Rebate Distribution for Schedule 1 Employers (February 2025)
The WSIB has announced plans to issue surplus funds to eligible Schedule 1 businesses beginning in February 2025. The surplus funds of approximately $2 billion represent an excess reserve earned by the WSIB’s insurance fund. This represents the second distribution of surplus funds to Ontario employers.
Tribunal Decision Denies LOE Benefits, Taking into Account Worker’s Lack of Motivation to Return to Gainful Employment
This Tribunal decision granted an employer’s appeal, ultimately reversing a 2021 ARO decision which had granted entitlement to full loss of earnings (LOE) benefits to age 65. The principal issue in this appeal was whether the seriousness of the worker’s workplace injury completely prevented them from returning to any work, including the alternate job offered by the employer.
ARO Rejects Psychologist Restriction related to “No Return to Work with Accident Employer”
This ARO decision regarding a claim for presumptive Post Traumatic Stress Disorder (PTSD) for First Responders (Police) granted the employer’s appeal, in part. The ARO denied total disability and denied the conclusion that the worker was not fit to engage in any RTW activities. Most importantly, the ARO found that the restriction of ‘no RTW with the accident employer’ was not valid.
WSIAT Finds Worker NOT entitled to LOE Benefits or Work Transition Services following Termination that resulted from Enforcement of Collective Agreement Provisions
This Tribunal decision granted an Employer’s appeal of a 2018 ARO decision which allowed ongoing Loss of Earnings (LOE) benefits and Work Transition Services (WTS) after a worker was terminated pursuant to specific provisions of the collective agreement regarding absence notification.
WSIB Updates Policy regarding Form 7 Reporting Timelines
Effective September 29, 2023, the WSIB’s updated Operational Policy #15-01-02, Employers’ Initial Accident-Reporting Obligations, came into effect. The revised policy includes an update to reporting deadlines related to employers’ initial injury reporting obligations.