Learn How to Fight your Workers Compensation Board

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Employer benefits are private benefits that employer spay and sometimes workers contribute to. These cover a portion or all of dental, health, eye, and other costs including long term and short term disability.

This page has been setup to discuss how employer benefits  are affected by a workplace injury. It answers such questions as are employers compelled to pay benefits when workers are injured, are those payments for private benefits considered income?

Employer Benefits

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Rodrigues v. WSIAT and WSIB

Rodrigues v. WSIAT & WSIB

September 9, 2007
​This case determined that an employer's contributions to employer paid benefits is income for the purposes of calculating a worker's income for workers compensation benefits. The injured worker applied for an application for Judicial Review and the application was granted and referred back to the WSIAT for further deliberations on the basis that employer payment to benefit plans was considered income for the purposes of calculating workers compensation benefits. 


However this matter was appealed by the WSIAT to the Court of Appeal for Ontario


Rodrigues v. Ontario (WSIAT), 2008 ONCA 719

The Court of Appeal for Ontario in a 2-1 decision agreed with the WSIAT and confirmed that the previous decision of the Ontario Superior Court - Divisional Court  erred when they reversed the WSIAT decision. 


More research on this case will be needed to determine if it was appealed to the Supreme Court of Canada - my apologies for any confusion!

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