Avoid Procedural Missteps When Accommodating Mental Disabilities In The Workplace

The Human Rights Tribunal of Ontario has heard many cases brought by injured workers against the Workplace Safety and Insurance Board (“WSIB”). The vast majority of these cases essentially amounted to contentions that decisions made by WSIB Case Managers or the Appeals Branch were discriminatory.  Such cases are almost always dismissed by the Tribunal on the basis the Tribunal does not have the legal right to review the decisions made by another legal body. 

However, as the recent decision in Lawson v. Workplace Safety and Insurance Board illustrates, the Tribunal does have the power to adjudicate whether the way the WSIB dealt with a claim was discriminatory (allegations relating to the various decisions of the WSIB in the claim were dismissed on jurisdictional grounds).