WSIB Consulting on Rate Setting for Temporary Employment Agencies

The Ontario Workplace Safety and Insurance Board (WSIB) is seeking feedback from temporary employment agencies (TEAs) in response to its new premium rate setting model, originally introduced in 2020. The public consultation will support a review and possible modification of the rate setting approach for the TEA industry. Under the new rate setting model, TEAs…

Ontario Exploring Increase to Compensation for Workers Who Become Injured or Ill on the Job

On April, 20, 2022, the Ontario government announced it has directed the Workplace Safety and Insurance Board (WSIB) to explore a potential increase in compensation for workers who become injured or ill on the job. Currently, the WSIB provides maximum wage compensation payments which equal 85% of the worker’s net pre-accident earnings. The government and…

Ontario Launches Review of Occupational Illnesses

The Ontario government has announced that it has partnered with the Workplace Safety and Insurance Board to launch a review of the province’s occupational illness system. The review will be conducted by an independent research centre (the MAP Centre for Urban Health Solutions at St. Michael’s Hospital) and will evaluate how occupational illnesses in Ontario…

Ontario Announces Further Extension of Paid and Deemed Infectious Disease Emergency Leaves

On December 7, 2021, the Ontario government announced that it would be extending the program that provides eligible employees with up to three days of paid infectious disease emergency leave (Paid IDEL) until July 31, 2022 (previously set to expire December 31, 2021). The government also announced that it would be extending the temporary relief…

Advantage CPD: Permanently Disabled from Policing: Accommodation or Termination?

Please note registration for this event is now closed. Fee: Complimentary Overview Police services boards have recently been faced with a growing number of members who have been determined to be completely disabled from police work. It is important for boards to understand their obligations in terms of accommodating these members, their options with regards…

Ontario Introduces Process for WSIB to Recover Overpayments Made to Employers with Respect to Paid IDEL

On September 3, 2021, the Ontario government filed O. Reg. 637/21 made under the Ontario Employment Standards Act, 2000 (ESA). The regulation sets out the process by which an overpayment made by the Workplace Safety and Insurance Board (WSIB) for paid infectious disease emergency leave (Paid IDEL) may be recovered from an employer. As we…

Appellate Court Overturns WSIAT Decision That Held Constructive Dismissal Claim Barred by WSIA

In Morningstar v. WSIAT (Morningstar), the Divisional Court partially overturned a decision of the Workplace Safety and Insurance Appeals Tribunal (WSIAT) that had barred a constructive dismissal claim which was based on alleged workplace harassment from proceeding in Superior Court. The WSIAT had found that the claim fell within the entitlement for chronic mental stress…

Ontario Consultation on WSIB Surplus Distribution Model

Ontario has launched a Workplace Safety and Insurance Board (WSIB) Surplus Distribution Model consultation on how and when the WSIB should distribute any surplus funds.  The Operational Review Report sets out 25 recommendations, one that proposes the government adopt a sufficiency ratio between 115% and 125% for the WSIB fund. At 115% sufficiency, the WSIB…

Appellate Court Upholds Jury Award of $150,000 Punitive Damages Against Employer

In a recent decision, Eynon v. Simplicity Air Ltd., the Ontario Court of Appeal upheld a punitive damages award of $150,000 against an employer for the actions of two of its supervisors after an employee’s workplace injury. The appeal to the Court of Appeal was from a jury award of punitive damages. The respondent employee…

Details about WSIB Reimbursement Process for Paid IDEL Now Available

On April 29, 2021, the Ontario government amended the Employment Standards Act, 2000 to provide paid infectious disease emergency leave (IDEL) for certain absences related to COVID-19. Employers who provide paid IDEL to eligible employees are entitled to reimbursement through the Workplace Safety and Insurance Board (WSIB), up to $200 per employee per day taken….