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1, 1915, a worker in Kearney, Ontario, employed by a lumber company, suffered a hand injury on the job.He was the first worker to receive benefits under the Workman’s Compensation Act, which came into effect the same day.The WSIB is theoretically an independent organization.Yet critics argue the WSIB is heavily biased towards employers.Editor's Note: Editor's Note: Michael Lynk is a professor of law at the University of Western Ontario.

Recent cases have said that the employer's accommodation efforts must be "serious", "conscientious", and it must demonstrate its "best efforts".Example: An employer had a part-time worker who was injured while working for them, making them the Accident Employer.Unbeknownst to the employer, this worker had concurrent employment with another company on a part-time basis.Employers may not know the extent to which they have similarly legally entrenched obligations when it comes to accommodating an employee’s RTW for a non-work related medical condition or injury.Ignorance of the condition (don’t ask don’t tell) does not relieve the employer of their duty to accommodate any disabilities covered under protected grounds by the Ontario Human Rights Code, which is quite broad in its description of mental and physical disabilities: What is disability? Accommodation of mental illness Similarly the new voluntary standard: the “Psychological health and safety in the workplace – Prevention, promotion, and guidance to staged implementation” expands employer obligations for risk assessments and accommodations regarding mental health issues such as depression.




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