The Effect of Workplace Injury Claims on Concurrent Proceedings

This is the final session of our three-part series on employer workers’ compensation issues.

The Workplace Safety and Insurance Board (“WSIB”) and the Workplace Safety and Insurance Appeals Tribunal (“WSIAT”) have exclusive jurisdiction to decide whether an injury or disability is work-related, as well as to determine related benefits and whether an employee has been provided with suitable modified work by way of accommodation.

However, these issues may also impact concurrent claims for wrongful dismissal damages, grievances and applications to the Ontario Human Rights Tribunal. This is especially so given the recent amendments to the Workplace Safety and Insurance Act (“WSIA”) and the introduction of the WSIB’s Chronic Mental Stress Policy, which entitles employees to compensation for work-related chronic mental stress injuries.

Now, more than ever, employers must consider multiple jurisdictions when making strategic decisions on how to manage workers’ compensation claims and other proceedings, including settlements.

This session is a “must-attend” for those looking to gain advanced insight into the following topics:

• Ongoing WSIA benefits following a termination
• Issue estoppel at the Ontario Human Rights Tribunal and arbitrations for issues of accommodation and mental stress
• Effectively managing harassment and chronic mental stress claims beyond the WSIA
• Settlement considerations

CPD Hours: This program is eligible for up to 1.5 substantive hours.

Presenters: Carissa Tanzola, Laura Karabulut & James Jennings