The applicant was awarded loss of earning benefits by the WSIB, which included an indexed amount calculated according to a WSIB policy.
The applicant submitted an Intent to Object to the indexation calculation, but the WSIB dismissed it, stating that its policy was not subject to appeal.
On judicial review, the Divisional Court found the WSIB's decision unreasonable because it ignored section 126 of the Workplace Safety and Insurance Act, which expressly contemplates the WSIAT reviewing Board policies.
The court set aside the WSIB's decision and directed the matter to proceed to appeal, emphasizing the requirement to exhaust administrative remedies.
