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mental stress

Tribunal finds limits on mental health claims unconstitutional

Ontario’s Workplace Safety and Insurance Appeals Tribunal (the “Tribunal”) has found that the limit on mental health claims under the Workplace Safety and Insurance Act, 1997 (“WSIA”) is unconstitutional.

 

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Accommodating injured workers vs. accommodating disabled employees

Under the Workplace Safety & Insurance Act (WSIA), an employer who employs 20 or more employees generally has a duty to re-employ an injured worker who has at least one year continuous service. And under the Ontario Human Rights Code, an employer has a duty to accommodate an employee with a disability. The duty to re-employ is however different than the duty to accommodate.

 

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