This 5 day course begins by exploring the history of the compensation system in Ontario and development of compensation legislation and general principles. You will examine how the Workplace Safety and Insurance Board (WSIB) determines whether an injury is compensable and types of workplace injuries and occupational illnesses. The course covers how to properly file a claim, and includes the timelines that are applicable. Worker and Employer obligations are also covered as well as roles and responsibilities with respect to work reintegration. The WSIB work reintegration policies are discussed and the new direction that the Board is taking with respect to returning workers to their pre-injury job with the injury employer. Shared responsibilities are also discussed and ways in which unions should participate in work reintegration are explored. Leading research shows that a collaborative and cooperative approach to work reintegration following the hierarchy of jobs, beginning with pre-injury job, leads to better outcomes for both workers and employers. Protections under other legislation are also discussed should a work reintegration plan not provide sufficient protection to a worker in a work reintegration plan.
Medical Orientation Level V
This advanced course is designed to assists participants in understanding medical terminology, anatomy and medical testing so they can interpret medical information in Workplace Safety and Insurance Board (WSIB) files. Participants will learn medical terminology, and human anatomy with attention to the different organ systems (skeletal, muscular, nervous, auditory, ocular, respiratory, circulatory, digestive, and integumentary). Specific injuries (back, bone, MSIs, lower extremities) that are commonly seen in WSIB cases are discussed. Disorders such as chronic pain and fibromyalgia are discussed in detail. Mental stress related injuries are examined and the WSIB policies relating to traumatic stress, psychotraumatic disability and behavioural disorders are presented.
The legislative authority for health care and the relevant WSIB policies are discussed. Evidence based medicine and the difference between disease oriented evidence (DOE) and patient-oriented evidentiary medicine (POEM) are discussed. Medical specialists and Ontario standards are presented. Medical records, independent medical examinations and treatment modalities and the use of OHCOW services are explored. Diagnostic test used in determining workplace Injuries and some treatments are presented with their advantages and disadvantages. Determining disability and impairment Permanent Impairment rewards, how they are assessed and the different types of awards (PPDS and NELs) are discussed. Participants will follow detailed calculations for these awards to understand how the degree of impairment translates into a monetary value. Finally, when and how re-determinations occur, are discussed.
Appeals & Dispute Resolution Level III
In this 6 day course, participants will learn the structure of the appeals branch of the Workplace
Safety and Insurance Board (WSIB), how to begin the appeals process and the legal principles involved.
Preparation for a hearing will be examined including: review of the file, gathering additional evidence,
researching law, policy and precedent and preparation of witnesses. Further information on
questioning, cross questioning and re-direct at a hearing are discussed. Hearing presentations are
discussed with respect to oral advocacy, code of conduct, opening and closing statements, objections
and use of legal precedents. Further to the WSIB appeal process, the Workplace Safety and Appeals
Tribunal WSIAT) process is also discussed. In addition to the information presented, participants will
work with a claim file and, in groups, represent both worker and employer interests at the WSIB appeal
level and at a WSIAT by presenting in front of an Appeals Resolution officer and a Vice Chair
Return to Work – Level IV
This 6 day course is designed for representatives who will assist injured workers through a therapeutic work reintegration (WR). It provides workplace parties with tools and strategies to ensure successful outcomes. Through the exploration of leading research, participants learn the principles of good WR practices and the Duty to Accommodate. Barriers to successful WR are addressed with a focus on attitudinal barriers and their elimination using the social model of disability and therapeutic return to work (RTW) principles. An in depth comparison, between older methods of disability management and the newer, progressive disability prevention model, is presented and participants learn about the paradigm shift from management to prevention. Roles of the parties involved (employer, injured worker, representative, H&S representatives) are discussed.
WR and the WSIB are presented with respect to the Board policies. The hierarchy of RTW job opportunities and the definitions for an early and safe WR, roles of all the involved parties, communications, dispute resolutions and penalties are covered. The Ontario Human Rights Code (OHRC) and RTW are discussed with a comparison of WSIB and OHRC obligations.
Funding of the WSIB system, the difference between Schedules 1 and 2 employers, who is covered and incentive programs are covered. NEER calculation of premiums, SIEF, transfer of costs and how an effective WR program can reduce employer costs are explained. The benefits of cooperative and collaborative efforts of the workplace parties in an effective WR program and processes for problem solving and alternative dispute resolution are discussed.