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Core

Level One: Rights and Obligations

September 28, 2016

The first of six core certification courses offered within Prevention Link’s disability prevention curriculum.  This introductory course begins by exploring the history of Ontario’s compensation system and the development of legislation and the general principles of the system.

Participants learn the basics of a disability prevention framework, including:

  • Types of workplace injuries and occupational illnesses;
  • The legal tests applied by the Workplace Safety and Insurance Board (WSIB) when considering entitlement;
  • The method to report an injury;
  • The steps to initiate a claim;
  • Reporting strategies, including time limits and potential penalties.

Worker and employer obligations are covered as well as roles and responsibilities regarding return to work (RTW). The WSIB return to work policies are discussed with a focus on the Duty to Accommodate.

The role and responsibilities of workplace parties in the return to work process with the primary goal of returning workers to their pre-injury job with the injury employer are examined.

Disability Prevention best practices and shared responsibilities are discussed and ways in which unions should participate in return to work are explored. Leading research shows that a collaborative and cooperative approach to return to work following the hierarchy of jobs, leads to better outcomes for both workers and employers. Protections under other legislation are also discussed should a return to work plan not provide sufficient protection to a worker.

Level Two: Benefits and Services

September 28, 2016

In the second of six core certification courses, offered within Prevention Link’s core curriculum, participants will become familiar with the significance of legislation (WSIA), regulations, and policies, including the history of legislative change and Bills that have amended the WSIA.

Participants will:

  • Explore changes to the legislation and their effects on benefits and services;
  • Discuss the benefits and services available under three district eras;
  • Explore benefit calculations including Non-Economic Loss (NEL) and Loss of Earnings (LOE).

The structure of the Workplace Safety and Insurance Board (WSIB) and the internal and external appeal systems are described.   The adjudication process is detailed and participants follow the flow of a claim through the system, including problem resolution and the appeal process at all levels.

The structure of a Board file is presented, and through extensive sample file examination, participants explore how to effectively review a file and make a case plan to move a claim forward and different types of evidence to use.

Participants will learn skills to communicate effectively, both verbally and in writing with the many professionals involved including workers, employers, witnesses and health care professionals.

Participants learn which employers are covered, optional insurance and how the system is funded, including how incentive programs and experience rating functions and when claim costs can be transferred.

Level Three: Appeals and Dispute Resolution

September 28, 2016

In this hands-on course offered within Prevention Link’s core curriculum, participants learn the structure, practices and procedures of the appeals branch of the Workplace Safety and Insurance Board (WSIB) and of the Workplace Safety and Insurance Appeals Tribunal (WSIAT).

Participants will review how to begin the appeals process, the professional responsibilities of the parties, and the legal principles involved.  The various methods of resolution will be reviewed and the procedure for in-person hearings will be examined in detail.

Participants will develop oral and written advocacy skills as they prepare for a hearing through:

  • review of the file;
  • gathering additional evidence;
  • researching law, policy and precedent; and
  • preparation of witnesses.

Hearing presentations are discussed, and participants are provided with the order of proceedings for an in-person, oral hearing and additional information and resources regarding advocacy, opening and closing statements, objections, questioning, cross questioning, redirect and the use of legal precedents is explored.

In addition to the information presented, participants will have hands-on experience with a claim file and, in groups, act as representatives at the WSIB appeal level and at the WSIAT by preparing and presenting an appeal before an Appeals Resolution Officer and a Vice Chair or Panel respectively.

Level Four: Return to Work

September 28, 2016

The fourth of six certification courses offered within Prevention Link’s core curriculum, is designed for participants who will or currently assist injured workers, individually or collectively, through a therapeutic return to work (RTW) and provides workplace parties with the tools necessary to develop strategies that ensure successful outcomes.

Through the exploration of leading research, law, and evidence-based best practices, participants learn:

  • The principles of good return to work practices and the Duty to Accommodate;
  • Legal lessons from precedent-setting cases and their practical use;
  • Barriers to successful return to work and their elimination using the social model of disability and therapeutic return to work principles;
  • An in-depth comparison between older methods of disability management and the newer progressive disability prevention model;
  • The paradigm shift from management to prevention; and
  • The roles of the parties involved (employer, an injured worker, representative, H&S representatives) including their rights and responsibilities in the process.

Return to work and the Workplace Safety and Insurance Board (WSIB) are presented with respect to the Act and Board policies.  The hierarchy of RTW job opportunities, the definitions used, the roles of the parties, dispute resolutions and penalties are covered.  The Ontario Human Rights Code (OHRC) and return to work are discussed with a comparison of WSIB and OHRC obligations.

Level Five: Medical Orientation

September 28, 2016

The fifth of six core certification courses offered within Prevention Link’s core curriculum is an advanced course designed to assists participants in understanding medical terminology, anatomy, diagnostic testing and surgical procedures in order to interpret information in Workplace Safety and Insurance Board (WSIB) files.

Participants will be exposed to medical terminology and human anatomy with attention to the different skeletal and organ systems.

Special focus will be placed on:

  • Common occupational injuries and disorders such as chronic pain and fibromyalgia;
  • Mental stress related injuries;
  • WSIB policies relating to traumatic stress, psychotraumatic disability and behaviour disorders;
  • The legislative authority for health care and the relevant WSIB policies;
  • Evidence based medicine, medical specialists and Ontario standards in conjunction with specific treatment modalities;
  • Medical records, independent medical examinations and the use of OHCOW services; and
  • Advantages and disadvantages of diagnostic testing used to determine workplace Injuries and some surgical procedures.

Learn how disability and permanent impairment are determined, how they are assessed and the different types of awards available for a permanent impairment.  Participants follow detailed calculations for these awards to understand how the degree of impairment translates into a monetary value. Finally, when and how redeterminations occur, are discussed.

Level Six: Occupational Disease

September 28, 2016

Graduates of the sixth and final core certification course offered within Prevention Link’s core curriculum, will gain unique skills enabling them to recognize and advocate for workers with occupational disease and their survivors.

This advanced course begins by exploring the impact of occupational disease on society and workplaces, the lessons that have been learned and current developments in occupational disease claims.

Participants will learn:

  • The legal test and medical standards for causation;
  • How the legal principles apply in an appeal; and
  • The significance of apportionment.

The field of epidemiology is examined, include the different types of studies, how data is analyzed and what to look for when assessing a study.

The role of scientific evidence, exposure studies, expert opinions and witness testimony are explored, including how the information is gathered and what weight is put on them.

The adjudication process is explained with emphasis on gathering, deciphering and presenting evidence to decision makers in the most favourable light.

To further understand this complex subject, a number of occupational diseases are studied with respect to their risk factors, diagnostic testing and how to recognize causal links using the WSIA, policies and WSIAT decisions.

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Toronto ON M3C1Y8

416-441-2731 1-800-668-9138

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The views expressed in this publication are the views of the Ontario Federation of Labour (OFL) and Prevention Link and do not necessarily reflect those of the province of Ontario and the Workplace Safety and Insurance Board (WSIB).