Workplace Fatigue Risk Management System Game Plan
While workplace fatigue has been around as long as workplaces have existed, the problem has assumed a new urgency. Labour shortages and rising wages are creating intense pressure on workers […]
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Work Refusals Special Report
Refusing to perform assigned work is normally an act of insubordination for which a worker can be disciplined. But OHS laws create a special exemption that allows workers to refuse […]
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Alberta, Canada Human Rights Tribunal Reminds Employees They Have Duties In The Workplace Accommodation Process
In Zupcic v Saputo Foods Limited, 2022 AHRC 13 (Saputo), the Human Rights Tribunal of Alberta (Tribunal) dismissed an employee's complaint that that she was discriminated against in employment on the ground […]
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Key Trends In Arbitration Awards Pertaining To Mandatory COVID-19 Vaccination Policies
Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the […]
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Court Of Appeal Certifies WestJet Sexual Harassment Class Action
In Lewis v. WestJet Airlines Ltd.1, the British Columbia Court of Appeal certified a class action concerning the alleged workplace sexual harassment of female flight attendants at WestJet Airlines. The decision […]
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June 16 – Ergonomics in Healthcare
Date: June 16, 2022 Time: 9:00AM PT Speaker: Kristan Rossetto, R.Kin, HB.Sc.HK, GradCert.ESLM, AE Click Here to Register Working in hospitals, long-term care facilities, and other healthcare environments can place high physical demands on […]
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Machines: Plywood Manufacturer Fined $547,000 for Failing to Prevent Machine Injuries
A plywood manufacturer was on the receiving end of the largest administrative monetary penalty for OHS violations in BC in 2021 (reported so far). The $547,080 penalty was for a […]
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Workers Comp: Does Workers Comp Bar Lawsuit by US Workers Injured on Canadian Soil?
As required by industry regulations, 5 U.S. residents employed by Delta Air Lines stayed overnight in a local hotel during a layover in Vancouver. Delta paid the hotel bill and […]
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Does Workers Compensation Cover a Telecommuter’s Home Injury? – Quiz
If a telecommuter is injured while carrying out work activities they are entitled to workers compensation Just like on-site workers, telecommuters may suffer injuries while carrying out their work duties. And […]
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Does Workers Comp Cover COVID-19? – Ask The Expert
QUESTION Can a worker who gets COVID-19 at the workplace get workers comp benefits? ANSWER It depends. EXPLANATION Since workers comp covers only work-related injuries and illnesses, workers would have to prove that they contracted […]
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Woman Who Falls Down Stairs While Working From Home Eligible for Worker’s Compensation
A Québec judge has ruled that a woman who fell down the stairs in her home while making her way to the kitchen to enjoy her lunch break is eligible for worker’s […]
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Does Workers Comp Cover Covid-19 Infection?
There are literally billions of dollars riding on that question. Based on guidance from workers comp boards, the basic answer is YES, provided that the worker can prove that they contracted […]
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Government Seeks Workers Comp Shelter in Humboldt Broncos Class Action
Families of the victims and others involved in the tragic 2018 Humboldt Broncos bus crash have joined forces to file a negligence class action lawsuit against the driver and government […]
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COVID-19 Infection Is Work-Related Under Workers Comp
Is coronavirus infection a work-related injury under workers comp? One of the first cases to address this crucial question involved a truck driver required to be in confined spaces where […]
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WorkSafeBC Lowers the Boom on Prime Contractor after Gas Worker’s Death
Two workers from a subcontractor’s firm were removing a nut from an out-of-service pumpjack horsehead at an oil and gas wellsite. As the nut was being loosened, the horsehead and […]
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Cement Manufacturer Fined $340,000 for Confined Space Violations
WorkSafeBC inspectors observed workers inside a large container used to process materials during cement manufacturing. So, they asked the employer about its confined spaces safety program. The end result was […]
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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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