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ARTICLE · 14 SEPTEMBER 2017

The WSIB Discriminates Against Worker With Mental Health Issues

In a recent unique case before the Ontario Human Rights Tribunal, the Workplace Safety and Insurance Board (WSIB) was found to violate the Human Rights Code on the ground of disability.

CanadaEmployment and HR

In a recent unique case before the Ontario Human Rights Tribunal, the Workplace Safety and Insurance Board (WSIB) (responsible for enforcing the Workplace Safety and Insurance Act and adjudicating worker injury claims) was found to violate the Human Rights Code on the ground of disability. The case, Lawson v. Workplace Safety and Insurance Board, involved a permanently injured worker and the WSIB's processes for entitlement to health benefits. Mr. Lawson alleged that he was unable to access services provided by the WSIB due to his disability and the WSIB failed to accommodate him.

Between 2002 and 2010 Mr. Lawson and the WSIB had a tumultuous relationship consisting of long delays between adjudicative decisions, failed labour market re-entry attempts, and many appeals. This tumultuous relationship exacerbated Mr. Lawson's mental health issues, and led to threats of violence against WSIB staff and himself. In 2006 the WSIB instituted a restriction on communication,

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