What Does the OLRB Teachers Pandemic Decision Mean for OHSA Appeals?
By: Ryan J. Conlin and Jeremy Schwartz Historically, workers’ compensation law placed a highly restrictive definition on traumatic mental stress injuries, which meant as a practical matter very few stress claims […]
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Potential Suicide Risks Grounds for Workers Comp Not to Pay for Medical Pot
Does workers comp have to pay for medical marijuana legally prescribed to treat a former prison guard’s work-related post-traumatic stress disordered? After ping-ponging around the workers comp appeals tribunals, a […]
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Ontario Court Opens Door to Harassment-Based Constructive Dismissal Claims
Workers comp doesn’t bar constructive dismissal for harassment, court says. Workers comp bars lawsuits against employers for work-related injuries; in exchange, workers get automatic coverage of work injuries regardless of who’s […]
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Workers Comp Doesn’t Bar Harassment-Based Constructive Dismissal Claim
Less than 2 months after an Ontario arbitrator ruled that the workers comp bar against employees suing their employers for work injuries doesn’t apply to constructive dismissal for harassment, an […]
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To What Extent are Employees Barred From Pursuing Stress Claims in Court?
Recorded Date: November 18, 2021 Time: 9:00 AM – 10:30 AM PST Speaker: Ryan Conlin Recording: To access the recording of this webinar, please go here. Historically, workers’ compensation law placed a highly restrictive definition […]
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Equity, Diversity and Inclusion in the Workplace
Recorded Date: September 8, 2021 Time: 2:00 PM PDT Speaker: Jill Wilkie, Miller Thomson Watch the Recorded Webinar Here In this webinar, we will be discussing the following points with our expert from Miller […]
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Workers Comp Doesn’t Bar Harassed Worker’s Constructive Dismissal Lawsuit
Workers comp bars lawsuits against employers for work-related injuries; in exchange, workers get automatic coverage of work injuries regardless of who’s at fault. But does this “historic tradeoff” also mean […]
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Fall at Home Is Work-Related When It Aggravates Previous Work Injuries
A worker who suffers an injury in a fall while she’s off-duty and in her own home normally doesn’t qualify for workers comp. But this case was different because the […]
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Workers Comp Nixes Employer’s Claim for Cost Relief for Firefighter’s PTSD
The Alberta WCB awarded a firefighter benefits for post-traumatic stress disorder suffered as a result of witnessing his friend and co-worker get killed on the job. The employer conceded that […]
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High Court Upholds Denial of Injured Worker’s Wage Replacement Benefits
A worker’s 7-year litigation battle to get his worker comp wage replacement benefits restored came to an end when the Alberta Court of Appeal upheld the Appeals Commission’s denial as […]
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Workers Compensation Claims for Adverse Reactions to COVID-19 Vaccine Possible
WorkSafeBC recently published its position on COVID-19 vaccinations, making it clear that workers compensation claims related to adverse vaccine reactions can be successful. Such reactions—either injury or death—would have to […]
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Fight with Co-Worker Isn’t Grounds for Workers Comp Mental Stress Benefits
For months, a worker fought with a colleague to get access to internal documents he needed to do his job. Then, one day things got downright hostile between the 2, […]
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Must Employers Re-Employ Workers After Non-Work Injuries?
All injured workers are entitled to accommodations but not necessarily reinstatement. In addition to being cost effective, implementing a return-to-work process is essentially mandatory in the 9 jurisdictions where employers have […]
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Do Employers Have to Re-Employ Injured Workers? – Ask The Expert
The human rights law duty to accommodate injured workers applies regardless of what workers comp requires. QUESTION Are we legally obligated to re-employ an injured worker returning from a work injury? ANSWER Yes, if […]
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Does Workers Comp Cover Hospital Worker’s Carpal Tunnel Syndrome?
A year after returning to work from a work-related shoulder injury, a hospital worker tasked with sterilizing medical instruments was diagnosed with carpal tunnel syndrome. The workers comp case worker […]
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Workers Comp Must Pay for Injured Worker’s Stair Lift
A worker with a work-related foot injury installed a stair lift in her home but workers comp refused to pay for it. Its reasoning: Her benefits were for chronic pain […]
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Test Your OHS IQ: Does Workers’ Comp Cover an Injury Suffered by a Telecommuter at Home?
SITUATION A financial auditor works from her employer’s offices one day a week, spends another day conducting audits in taxpayers’ houses and the rest of the week working from home with […]
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Quiz: Does Workers’ Comp Cover Mental Stress Caused by Knowing a Co-Worker Was Harassed?
SITUATION Dora works at the Grindem Down Machine Plant. Both of her parents do, too. But, alas, family ties aren’t always a positive thing as in this case where Dora’s parents […]
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Is Injury Suffered During Safety Training Compensable?
SITUATION A worker participates in mandatory fall protection training, which is conducted in the workplace by the employer’s instructor. The worker dons a safety harness and is suspended in it. Although […]
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OHS & Workers’ Comp Workplace Posting Requirements Checklist – Yukon
The duty to post notices, information and other materials at your workplace for your employees comes in 2 basic kinds. Use this checklist to ensure your organization has the required postings. INFORMATION Yes No Comments Any […]
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OHS & Workers’ Comp Workplace Posting Requirements Checklist – Saskatchewan
The duty to post notices, information and other materials at your workplace for your employees comes in 2 basic kinds. Use this checklist to ensure your organization has the required postings. INFORMATION Yes No Comments Names […]
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OHS & Workers’ Comp Workplace Posting Requirements Checklist – Québec
The duty to post notices, information and other materials at your workplace for your employees comes in 2 basic kinds. Use this checklist to ensure your organization has the required postings. INFORMATION Yes No Comments Names […]
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OHS & Workers’ Comp Workplace Posting Requirements Checklist – Prince Edward Island
The duty to post notices, information and other materials at your workplace for your employees comes in 2 basic kinds. Use this checklist to ensure your organization has the required postings. INFORMATION Yes No Comments Copy […]
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OHS & Workers’ Comp Workplace Posting Requirements Checklist – Ontario
The duty to post notices, information and other materials at your workplace for your employees comes in 2 basic kinds. Use this checklist to ensure your organization has the required postings. INFORMATION Yes No Comments MOL […]
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OHS & Workers’ Comp Workplace Posting Requirements Checklist – Nunavut
The duty to post notices, information and other materials at your workplace for your employees comes in 2 basic kinds. Use this checklist to ensure your organization has the required postings. INFORMATION Yes No Comments Copy […]
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OHS & Workers’ Comp Workplace Posting Requirements Checklist – Northwest Territories
The duty to post notices, information and other materials at your workplace for your employees comes in 2 basic kinds. Use this checklist to ensure your organization has the required postings. INFORMATION Yes No Comments Copy […]
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OHS & Workers’ Comp Workplace Posting Requirements Checklist – Nova Scotia
The duty to post notices, information and other materials at your workplace for your employees comes in 2 basic kinds. Use this checklist to ensure your organization has the required postings. INFORMATION Yes No Comments Names […]
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OHS & Workers’ Comp Workplace Posting Requirements Checklist – Newfoundland and Labrador
The duty to post notices, information and other materials at your workplace for your employees comes in 2 basic kinds. Use this checklist to ensure your organization has the required postings. INFORMATION Yes No Comments Copy […]
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OHS & Workers’ Comp Workplace Posting Requirements Checklist – New Brunswick
The duty to post notices, information and other materials at your workplace for your employees comes in 2 basic kinds. Use this checklist to ensure your organization has the required postings. INFORMATION Yes No Comments Names […]
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OHS & Workers’ Comp Workplace Posting Requirements Checklist – Manitoba
The duty to post notices, information and other materials at your workplace for your employees comes in 2 basic kinds. Use this checklist to ensure your organization has the required postings. INFORMATION Yes No Comments Reports […]
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