Ontario releases new workers’ compensation policy to aid in claims involving pre-existing conditions

November 09, 2014 0 COMMENTS

by Cathy Chandler

Until recently, Ontario was the only jurisdiction in Canada without a specific policy dealing with the effect of pre-existing conditions on claims for workers’ compensation. That has now changed. On November 1, 2014, a new policy of the Ontario Workplace Safety and Insurance Board (WSIB), Pre-Existing Conditions, came into force. The goal of the policy is to provide decision makers with guidance on how to draw the work-related/non-work-related line when it comes to adjudicating compensation claims involving pre-existing conditions. read more…

Workers’ comp for injuries from systemic workplace harassment

February 23, 2014 0 COMMENTS

By Kyla Stott-Jess

A recent Alberta court decision indicates that health problems arising from systemic harassment in the workplace can be covered by workers’ compensation (WCB) insurance. This decision may have ramifications across Canada. read more…

Facebook postings fair game for employers

June 16, 2013 0 COMMENTS

By Frederic Parisien

Can Canadian employers use information from their employees’ Facebook pages in managing the employment relationship? Not an age-old question, but one debated in recent years.

In many provinces, the answer was “yes.” But in other provinces, such as Quebec, some commentators took a more cautious approach. In a recent decision, the appeal division of Quebec’s Workers’ Compensation Board (the Commission des lésions professionnelles) said “yes,” Canadian employers may use information learned from their employees’ Facebook account if there is nothing to suggest that the account’s contents were accessed using fraudulent schemes, subterfuges, or other underhanded means. read more…

Workers’ Compensation Claim for Mental Stress Allowed

June 02, 2009 0 COMMENTS

By Derek Knoechel and Lorene Novakowski

Canadian provinces have workers’ compensation legislation that provides a no-fault system of compensation for injuries suffered on the job. The system covers lost wages, medical aid, and rehabilitation for the injured worker and generally removes the injured worker’s ability to sue the employer. The workers’ compensation system is funded by employer premiums that are set and determined primarily by the employer’s industry and by the individual employer’s experience in terms of accidents and claims.

In recent years, workers have claimed workers’ compensation benefits for workplace stress. The various provincial boards have been reluctant to approve stress claims except in limited circumstances. But maybe not for long. In a recent decision, the British Columbia Court of Appeal broadened the approach to mental stress claims.

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