The applicant filed a human rights application alleging discrimination based on disability regarding the WSIB's handling of his labour market re-entry plan and loss of earnings benefits.
The applicant had previously appealed the WSIB's decisions to the WSIAT, which found in his favour and awarded him benefits reflecting a more suitable occupation.
The respondents requested that the human rights application be dismissed under section 45.1 of the Human Rights Code.
The Tribunal found that the WSIAT proceeding appropriately dealt with the substance of the application, despite the WSIAT lacking jurisdiction to award damages for injury to dignity.
The application was dismissed.
