As the COVID-19 pandemic continues in Canada, all levels of
government have been working to reduce its adverse impacts on
citizens. While, on March 17 and 23, 2020, the Ontario Government
declared a state of emergency and ordered the closure of specific
workplaces (such as private schools, daycares, theatres, public
libraries, certain food industry businesses, and non-essential
businesses), many Ontario businesses remain in operation and some
workers continue to attend at the workplace. This situation has led
to new issues for employers, namely: what obligations arise if a
worker contracts COVID-19 and when does a worker's COVID-19
diagnosis become a compensable illness?
On March 23, 2020, the Ontario Workplace Safety and Insurance
Board ("WSIB") released
guidelines addressing how it will adjudicate entitlement to
workers' compensation benefits for occupational COVID-19, thus
providing guidance on when WSIB benefits may be available to a
worker who has contracted
