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,