Ontario WSIB More Aggressive on Return-to-Work Issues
Once upon a time, if an employer was outside the NEER window and was finding it difficult to reintegrate a worker who had a workplace injury, it was relatively straightforward to arrange to have the...
View ArticleVideo: Drafting a Workplace Safety Incident Response Plan
Heenan Blaikie’s Jeremy Warning recently spoke at the Construction Labour Relations Conference in Toronto, hosted by Insight Information. During the session “Preparing for the Worst: How to Respond to...
View ArticleVideo: How to react to an injury in the workplace
Heenan Blaikie’s Jeremy Warning recently spoke at the Construction Labour Relations Conference in Toronto, hosted by Insight Information. During the session “Preparing for the Worst: How to Respond to...
View ArticleVideo: Contingency planning for safety incidents in the workplace
Heenan Blaikie’s Jeremy Warning recently spoke at the Construction Labour Relations Conference in Toronto, hosted by Insight Information. During the session “Preparing for the Worst: How to Respond to...
View ArticleOntario WSIB increases NEER window to 4 years. Employers to pay the price?
On July 15, 2011 the WSIB introduced several changes including those to the NEER window and the final version of Work Reintegration guidelines. What do these changes mean? In general, they are aimed at...
View ArticleUpdate on revenue appeals before the WSIAT
In recent months, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) has released a number of decisions in revenue appeals, which may be of interest to employers. Let’s look at three of these,...
View ArticleOntario Continues To Implement Dean Panel Recommendations: Proposal for OHSA...
The Ontario Ministry of Labour is seeking submissions on a proposed new regulation under the Ontario Occupational Health and Safety Act (“OHSA”) that would provide assistance with OHSA reprisal...
View ArticleLong anticipated Arthurs Report is released
The consequences of living beyond our means have been made plain to all in recent years. Notable examples include the market meltdown of 2008, the decline of the US dollar and the Euro zone crisis....
View ArticleBrother, can you spare $14.5 billion? An Overview of the Arthurs Report: Part I
As we recently reported, the Arthurs Report, formally titled Funding Fairness: A Report on Ontario's Workplace Safety and Insurance System, has been released and is available online. The 188 page...
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An Overview of the Arthurs Report, Part II: The Proposed New Funding Strategy...
In our last entry we reviewed the origins of the Arthurs Report, the WSIB Funding Review which led to it and the current state of the WSIB’s unfunded liability (UFL), which is to the tune of $14.5...
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An Overview of the Arthurs Report, Part V: Occupational Disease and...
We are now at our final entry reviewing the key chapters of the Arthurs Report. We will not be reviewing chapter 9, which comments on a number of matters that Professor Arthurs felt compelled to...
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When Must U.S. Companies Register with Ontario Workers' Comp Authorities?
In Ontario, workers’ compensation is administered by the Workplace Safety and Insurance Board (WSIB), which is governed by the Workplace Safety and Insurance Act, 1997 (WSIA). Appeals from decisions of...
View ArticleWhen Accommodating Disability, Sometimes No Good Deed Goes Unpunished
I just finished reading the Human Rights Tribunal of Ontario’s decision in Lagana v. Saputo Dairy Products. Among other things, this case shows that employers may need to be more careful in allowing...
View ArticleOHSA Injury Reporting: Ontario Court of Appeal hears Blue Mountain Appeal
The full scope of injury reporting requirements under Ontario's Occupational Health and Safety Act ("OHSA") is now one step closer to being clarified. In our May 2011 Occupational Health and Safety and...
View ArticlePrima Facie Reprisal under the OHSA: OLRB provides much needed guidance to...
In Davies v. Honda of Canada Mfg, the Ontario Labour Relations Board (“OLRB”) recently clarified what will not constitute acts of reprisal under s. 50 of the Occupational Health and Safety Act...
View ArticleInjured while Having an Affair: Workers' Compensation Benefits Allowed by the...
A recent decision from the Federal Court of Australia, Comcare v PVYW, upheld a decision from a judge granting benefits to a worker who was injured while having an affair during a business trip. The...
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