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ARTICLE · 23 SEPTEMBER 2014

Despite Having WSIB Coverage, Worker Permitted to Sue "Physically Demonstrative" Executive Officer who "Massaged" her Neck

Dentons Canada LLP
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Physically demonstrative managers beware: your company’s workers compensation coverage does not necessarily protect you from lawsuits by employees.

CanadaEmployment and HR
Adrian Miedema
Adrian Miedema
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Physically demonstrative managers beware: your company's workers compensation coverage does not necessarily protect you from lawsuits by employees.

Even though her employer had Workplace Safety and Insurance Board coverage, an employee was entitled to bring a lawsuit against an executive who "massaged" her neck, allegedly injuring her, Ontario's Workplace Safety and Insurance Appeals Tribunal has ruled.

However, the Workplace Safety and Insurance Act prohibited her from suing her employer for the neck injuries.

The employee alleged, in her court action, that the executive officer had injured her when he manipulated her head and neck without her consent, thereby committing assault and battery. The worker had a prior neck condition affecting her shoulder.

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