Decision Nº Released_Decisions from Workplace Safety and Insurance Appeals Tribunal of Ontario, 15-06-2023

• Judge: K. Jepson : Vice-Chair M. Falcone : Member Representative of Employers M. Tzaferis : Member Representative of Workers
• Judgment Date: 15 June 2023
• Judgement Number: Released_Decisions
• Hearing Date: 05 December 2022
• Issuer: Workplace Safety and Insurance Appeals Tribunal of Ontario

WORKPLACE SAFETY AND INSURANCEAPPEALS TRIBUNAL

Decision No. 1314/22I2

BEFORE: K. Jepson : Vice-Chair

M. Falcone : Member Representative of Employers

M. Tzaferis : Member Representative of Workers

HEARING: December 5, 2022 at Toronto

Written

DATE OF DECISION: June 15, 2023

NEUTRAL CITATION: 2023 ONWSIAT 900

DECISION(S) UNDER APPEAL: WSIB ARO decision dated May 30, 2018

APPEARANCES:

For the worker: Not participating

For the employer: R. Husain, Office of the Employer Adviser (OEA)

Interpreter: N/A

REASONS

1. Background

1. The worker was employed by an employment placement agency, the employer in this claim. Through that agency the worker was working as a production line worker in a food production facility. On September 28, 2015 the worker was injured in the course of her employment. She has reported that she tripped and fell. She suffered a lip laceration, a fracture of the middle finger on her left hand, and a fracture of her left elbow. The elbow fracture required surgical repair. The worker was off work for a period of time and then returned to work on modified duties.
2. The Workplace Safety and Insurance Board (WSIB) (the Board) accepted entitlement for the worker’s lip, finger and elbow injuries, and paid loss of earnings (LOE) benefits and health care benefits.
3. The employer requested Second Injury and Enhancement Fund (SIEF) cost relief. The employer argued that the worker did not trip and fall, but instead had a pre-existing condition which caused her to faint and fall to the ground, resulting in the injuries.
4. The Board denied the employer’s request for SIEF cost relief.
5. The employer now appeals to this Tribunal.

2. Post-hearing evidence gathering process

6. In the Panel’s first interim decision, Decision No. 1314/22I, 2022 ONWSIAT 2029, the Panel directed Tribunal Counsel Office (TCO) to seek certain additional evidence pursuant to the Tribunal’s power under section 132 of the Workplace Safety and Insurance Act, 1997 (the WSIA). This...