Suzanne Flannery

The worker objected to a decision denying reimbursement for out-of-province health care expenses, specifically an MRI and lower back surgery obtained in another country.

The worker argued the treatment was an emergency because they could not obtain an MRI or treatment fast enough in Ontario.

The Appeals Resolution Officer found that the worker had planned the trip prior to the workplace injury and that the treatment was elective, not emergent.

Under WSIB Policy 17-01-04, elective out-of-province health care requires pre-approval, which the worker did not obtain.

The objection was denied.

The worker objected to a decision denying initial entitlement to benefits for injuries sustained when they were pushed to the ground by a lead hand during a dispute over work quality.

The initial decision found the worker was the aggressor because they threw their gloves on the ground.

The Appeals Resolution Officer allowed the objection, finding that throwing gloves to the ground in frustration was not an act of physical aggression that a reasonable person would interpret as a threat.

Therefore, the worker was not the aggressor, did not remove themselves from the course of employment, and is entitled to health care benefits for their injuries.

The worker appealed a Case Manager's decision denying entitlement to benefits for Chronic Mental Stress (CMS) related to workplace harassment.

The worker, a heavy equipment operator, alleged a toxic work environment involving racist, sexist, and homophobic comments, as well as targeted bullying by a supervisor and co-workers.

An independent employer investigation substantiated numerous incidents of harassment and discrimination.

The Appeals Resolution Officer found that the substantiated incidents collectively amounted to workplace harassment and conduct that a reasonable person would perceive as egregious or abusive.

The appeal was allowed, and the worker was granted entitlement to CMS benefits.