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Wsib 1149a: Custom-make, Finish and save

hi I'm David Himmelfarb managing partnerHimmelfarb rozanski and today I've beenasked to put together a presentation foryou all and it's in relation to a guideto provide you with knowledge practicalknowledge on WSIB claims appeals and theelecting out process that the is at theWS IV there's a few objectives that wehave today to increase your practicalknowledge of WS IV claims the appeals inthe electing out obviously to ensurethat WSIB patients receive care andcompensation that they rightly deserveand a challenge each and every one ofyou in this room to think about someonethat you know who can benefit from thispresentation so first and foremost whatis the WSIB which is known as thepreviously known as the workerscompensation board well the workerscompensation board the WSIBit oversees employment safety educationand training provides compensation andbenefits to eligible claimants that areinjured on the job and provides anexclusive adjudication system for allclaims in an appeal process for bothworkers and employers the system itselfhas been set up since about the 1920swhen we went into a no-fault system ofcompensation for any accidents thatoccurred in the workplace and inexchange for the right to sue any workerwho is involved in an accidentregardless of fault is entitled toworkers compensation benefits who iseligible for WSIB benefits first of allyou actually have to be covered by theAct in order to be eligible for WSIBbenefits so you must suffer an injuryand itbe a work-related accident in order foryou to be covered by the actthe legislation that applies is theworkplace safety and Insurance Act andsection 13.1 of the Act sets out that aworker who sustains a personal injury byan accident arising out of or in thecourse of his or her employment isentitled to benefits under the insuranceplan there's two types of workers underthe legislation there they've they'vedivided workers up into two schedulesschedule one and schedule to scheduleone are basically all types ofindustries divided into nine subclassesthese are all types of industries thatwe know of manufacturing transportationetc a schedule 2 these are injurieswhich are self-insured so that meansthat they actually pay out the claimthemselves and they're generallygovernmental in nature and we'll getinto the distinction between the twoschedules shortly so in terms ofschedule 1 we've got Forest Productsmining and related industries otherprimary industries manufacturingtransportation and storage retail andwholesale trades construction governmentrelated services and other servicesschedule 2 railways telephone companiesTelegraph companies navigation companiesinternational bridges provincialgovernments Airlinesmunicipalities public library boardspolice villages and school boards so ifyou're under either of those schedulesif you work as a worker under anindustry covered under schedule 1 or anindustry covered under schedule 2 andyou're injured while working you have anaccident related a work-related accidentinjurythen you are promised a sea covered bythe act and you're entitled to thecompensation under that act what alsohappens is that you are not entitled tosue your employer or your coworker forcausing your injury as a result of youraccident the Act the WSIB actually takesthat away from you and we'll get into ina little more detail how to elect out ofthe WSI be in certain situations so wejust covered the schedules schedules 1 &2 and anyone identified in thoseschedules are covered as workers andthose who are not eligible they're notcovered under the definition of worker1under the Act or they're not in an1industry that's covered in schedule 1 or12 so there's only you know there's a1vast amount of in job of industries and1schedule 1 or 2 but there are a number1that are not covered in schedule 1 & 21and we'll show you that in just a moment1so worker is actually defined under the1legislation and it defines a person as1being a worker who is entered into or is1employed under a contract of service or1apprenticeship and basically it's a1legal test that must be applied to1determine whether the injured party is1covered by the Act1for instance independent contractors are1not workers under the legislation so the1legislation would not apply to someone1who may be an independent owner operator1of a transport truck in that situation1the person who's driving the transport1truck the independent owner operator1would not be a worker under the WSIB1legislation and therefore prima facie1would not be entitled to coverage under1the Act what does that mean on the other1slip side of the coin is that that1person is entitled to make a lawsuit1that1is entitled to sue the at-fault driver1who caused the collision and entitled to1compensation that the courts provide1there's also some further delineation in1terms of who is a worker there's further1definition executive officers of1companies are not workers independent1business operators or not workers sole1proprietors and their spouses are not1workers partners in a business1volunteers at home workers and casual1workers all these people would not be1covered by the WSIB1and they would in tight they would be1entitled to a legal action if they were1injured while they were actually doing1work now to give you some frame of1reference we're referencing here a case1that actually I was involved in called1Nagalingam in ram Pino this is a1decision from the workplace safety1insurance Appeals Tribunal and our1client was a taxi driver who was struck1by a coach bus and he was very very1seriously injured both the taxi driver1was was working at the time of the1accident as was the the bus driver both1were in schedule 1 industries so right1off the bat we would think that well1that's it this poor taxi driver who's1really badly injured would not have the1right to sue the bus driver and it's1company for compensation but when you1look at whether or not the taxi driver1is actually an employee a worker or an1independent operator if you can1determine that the person is an1independent operator then they are not1covered by the Act and therefore they1have the right to sue and in this1particular case the tribunal held that1our client was an independent contractor1and not an employee and therefore he was1permitted to continue his lawsuit1against1driver in the company and was very1successful you got much more1compensation in the court system than he1would have ever seen in the WSIB1areas there's another example here this1was a private ruling from the board1again another case that we were involved1in mr. s was the owner operator of a1used automobile dealership he attended1the automobile auction to purchase1vehicles while there he was struck and1he was killed by a vehicle that was1entering into the auction and in that1case because he was there on behalf of1his company he was actually working at1the time he was going to be buying1vehicles at the auction and he was1certainly struck by someone who was1working for the auction company at the1time normally that person would not have1the right of action but when we looked1at the situation more more clearly we1were able to find out that he was1actually the officer of his own1corporation and therefore as we showed1you previously he'd be excluded from2coverage under the Act which then allows2him to be able to sue the auction2company for compensation and it was2really the I mean mr. s passed away2unfortunately in the accident it was his2spouse and children that made the action2that made the claim against the auction2company we recently settled that case2for it was almost 2 million dollars for2them there's no way that they would have2received anything close to that2if it was kept within the WSIB system2there are some omitted industries as2well and the axe the WSIB Act it just2doesn't cover these industries so if2you're actually working and you suffer2an injury while you're working and you2work in these industries that are Omid2then you you're not you're not gonna get2WSIB benefits anyway you you will prima2facie have the right to sue and those2industries banks insurance companies2trust companies credit card companies2financial institutions law firms like my2law firm real estate agencies business2associations recreational social clubs2live performance theaters trade unions2private schools recreational and2vacation camps for kids travel agencies2and health clubs so anyone who works for2any of these industries involved in an2accident they are entitled to sue their2employer for negligence because these2industries are completely omitted from2the act big gaping hole for all of those2industries in the legislation there's2other ways to get through the purview of2the act or the coverage of the act on2you because our goal as lawyers is if we2can exclude you from the coverage of the2WSIB Act then we'd like to be able to do2that because compensation in our courts2is much better than having to go through2board doled out compensation the WSIB is2a no-fault piece of legislation and it2does not come anything close to what our2courts will provide accident victims2with in terms of appropriate and legal2compensation so our goal is to try and2get as many holes many areas in the act2as possible2to allow people access to the courts one2another way of doing this is to2determine that the person was not in the2course of their employment at the time2that the accident happened now this is2it's a legal test and it determines2whether or not you're entitled to2benefits because the Act actually says2that your injury must arise out of the2out of and in the course of your2employment there's three factors to be2considered2place time and activity obviously if2you're at work during work hours and2you're doing work-related activity the2likelihood is that you are in the course2of your employment well what happens if2you go out for lunch you're technically2still at work you may have gone off2premises you may be on your own lunch2hour well now we get into grey areas2where you may not actually be within the2scope of your employment or the course2of your employment at the time that your2injury occurred there's an example for2instance we've touched on this briefly2there are you on the employers premises2is it during work hours are you doing a2compulsory task away from the workforce2or are you on employer's conveyance is2it in an ownership or are you in an2owned parking lot all these sorts of2things are looked at when the tribunal2determines whether or not you're2actually in the course of your2employment there's a case that called2the day and extended care this is a case2that we were involved in where our2client was a nurse at extended care and2she had essentially left a little early2that day and she had gone into the2parking lot gotten into her car and she2was about to leave and she was turning2left from the Extendicare parking lot2onto the highway when she was broadsided2by another vehicle and this woman was2very very seriously injured she was an2incomplete quadriplegic and she we were2a tree what have been covered by the3board the first impulse from everybody3including the insurance companies was3this lady was basically just leaving her3place of employment3and she should be covered by the WSIB3but we were able to prove at the3Tribunal level that the accident3actually occurred not on the employers3property but on the highway and even3though we were taking the position that3her vision was blocked by the employers3own mailbox which they owned and3maintained and was on their own property3we were taking the position that that3mailbox was placed in in such a an area3that it would have blinded people of3oncoming traffic as it did in this3particular case the long and short of it3was that we were able to prove that this3lady was not in the course of her3employment at the time that the accident3occurred and therefore she was not3covered by the workplace safety3insurance Act and she was entitled to3sue and she got great compensation as a3result of that just to reiterate the3recourse for those that are not covered3and we've given you numerous examples of3that up to now is that while the Act3provides that workers cannot sue their3own employers there's all sorts of3different ways to get around that3there's all of the areas that we've3showed you up to now are ways to get3around the coverage of the acts the Act3only covers so many areas and there's3holes all over the place I mean that's3what we've been able to get people3compensated for there are concerns with3the WSIB not everybody's covered as3we've advised we all know that there's3limited benefits not enough to truly3compensate people for the losses that3they've suffered it's government3regulated and very difficult to navigate3through we've spent many many hours3dealing with people that are frustrated3with the board process even candidates3who qualify are denied benefits3routinely and it's like that we told you3before it's a it's a no-fault regime and3the benefits just are not anything close3to what a court would provide you there3is an election process if you are3covered by both the Act and you do have3an entitlement to sue you can elect out3of the board coverage and pursue an3action against the at-fault person so3which workers have the right to sue the3standard rule if you're covered by the3Act is you can't sue your own employer3or any other employee or employer there3are however some very important3distinctions between the schedules so3remember we showed you those schedules3schedule one with the nine industry3schedule two with a number of other3industries two distinct schedules in the3Act well a Schedule one worker can sue a3schedule two worker or an employer and a3schedule two worker can sue either a3schedule one or schedule two worker or3employer so that means that if there's3an accident a car accidents for example3and you have schedule one and schedule3two workers and two separate vehicles3there is a lawsuit there those parties3can sue and have access to the courts so3very important to determine what3schedule the person is identified as3right off the bat and an example of that3is perhaps a per later courier driver3who's involved in an accident with a3Bell Canada truck and the Bell Canada3truck drivers at fault the per later3courier driver is covered under schedule3one the Bell Canada truck driver is3covered under schedule two and the3outcome would be that the schedule one3worker can3the schedule to worker and therefore the3per later courier driver has the right3to sue and has access to the courts and3the appropriate compensation there there3are some situations where the worker may3have a concurrent entitlement in other3words being entitled to both the WSIB as3well as having the right to sue this3refers to the workers option of either3making a claim for WSIB4or opting to sue for pain and suffering4and all other losses that they'd be4entitled to receive in our court systems4this is referred to as an election an4election to sue for example a worker4employed as a truck driver gets involved4in an accident caused by an at fault4driver who's not working at the time of4the accident4so you have one person involved a truck4driver he's working the other car is not4no one's working no worker in that car4so that person now has first of all he's4covered by the Act if he wants to but4because the other person is not in the4course of their employment at the time4that the accident happens the truck4driver has the right to sue so he has an4election so what we do recommend is that4the truck driver or the person who's4involved in the accident elect out of4the WSIB so as to have access to the4court system and the better benefits4there there was another example this is4an example by the way that that last4example was another one of our cases and4this next example is also another4example of one of our cases a worker4installing cable services in a new home4slips and falls on icy steps as he's4leaving and ends up sustaining traumatic4brain injury in that case you have a man4who's actually in the scope of his4employment at the time but the homeowner4is not they're not working it's not a4place of employment so even though4the technician the cable technicians4entitled to get benefits from the WSIB4he also has the right to sue and elect4Oh4in this case the worker did elect out we4were successful in hat in helping him do4that and we were also successful in4settling his case shortly before trial I4may add that in terms of the4compensation that he received it was4about four or five times as high as he4could get from the WSI V in terms of4making that election you generally must4be done within three months of the4accident date so it's important for4people to consult with lawyers who4understand the WSIB system not a lot do4there's not many who have expertise in4the area and so it could make all the4difference in the world for people if4they get properly compensated but they4need to get into the right law firm for4an appropriate opinion so it's important4for people where they they may be4working or maybe the other person is4working involved in the accident - to4find a law firm for an opinion in4relation to an election out of the WSI4v-- or even whether the the act actually4applies to them elections are made4through a form that's filed with the4board called an election form and signed4off by them we've given them an example4of that how do you know when an election4is available in which election to make4well most people aren't gonna really4fully appreciate that it's important to4get some good legal advice and we4recommend that anyone who's seriously4injured in an accident while they may be4working or the other person is working4get an opinion from a law firm that4truly works in this area that4understands WSIB and the application of4it4we're gonna talk quickly about WSIB4benefits what do they actually offer you4well they give you a loss of earnings4non-economic loss which is a sort of a4pain and suffering award but at a4drastically reduced amount there is loss4of retirement income available in4certain circumstances future economic4loss and health care benefits personal4care allowances etc in terms of personal4care allowance there's policy in4relation to it there's an allowance4that's provided to hire an attendant to4provide three categories of care skilled4the personal in general and we've set4out what the policy actually says what4this means is that the the board4actually follows a policy and and they4they're rigid to it so if you don't fit5within the policy in terms of personal5care allowances then you won't get it or5you you need to hire someone who can5help you fight for it there's also a5homecare policy there is entitlement to5homecare when health professional5indicates that health services are5needed at the home and there's a policy5again that's provided by the board that5we've set out here for you to take a5look at5there's also vehicle modification policy5and what we've done is we've just taken5a few of the policies in relation to5some of the various items that we find5are underutilized if you're stuck within5the board itself many of our clients are5WSIB5clients and what we do is what if if we5can't get them out of the purview of the5Act if we can't coverage of the WS ID5Act5then we'll maximize the benefits that5they're entitled to so we've set out the5vehicle model modification process there5is an appeal process in the WSIB5and they'll make decisions they may say5that you're capable of a return to work5and therefore they're not going to pay5you anymore loss of earnings so what5happens there's two types of denials5there's a denial of a benefit or5termination of an ongoing benefit and5you can appeal by filing an objection5form and then you're entitled to an oral5hearing or an appeal in writing and5thereafter if that's unsuccessful you5can go to an independent tribunal called5the workplace safety insurance Appeals5Tribunal and what's the time limit for5an appeal six months you don't want to5go any further than that so if you've5been denied you should be seeking legal5counsel for an opinion to determine5whether your appeal is viable and ladies5and gentlemen that's the presentation5for today thank you very much for5listening and being attentive thank you

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Wsib 1149a FAQs

Locate answers to questions about Wsib 1149a. Get the most frequently topics and more.

Need help? Contact support

Do military members have to pay any fee for leave or fiancee forms?

First off there are no fees for leaves or requests for leave in any branch of the United States military. Second there is no such thing as a fiancée form in the U.S. military. There is however a form for applying for a fiancée visa (K-1 Visa)that is available from the Immigration and Customs Service (Fiancé(e) Visas ) which would be processed by the U.S. State Department at a U.S. Consulate or Embassy overseas. However these fiancée visas are for foreigners wishing to enter the United States for the purpose of marriage and are valid for 90 days. They have nothing to do with the military and are Continue Reading

How can I fill out Google's intern host matching form to optimize my chances of receiving a match?

I was selected for a summer internship 2016. I tried to be very open while filling the preference form: I choose many products as my favorite products and I said I'm open about the team I want to join. I even was very open in the location and start date to get host matching interviews (I negotiated the start date in the interview until both me and my host were happy.) You could ask your recruiter to review your form (there are very cool and could help you a lot since they have a bigger experience). Do a search on the potential team. Before the interviews, try to find smart question that you are Continue Reading

How do you know if you need to fill out a 1099 form?

It can also be that he used the wrong form and will still be deducting taxes as he should be. Using the wrong form and doing the right thing isnt exactly a federal offense

How can I make it easier for users to fill out a form on mobile apps?

Make it fast. Ask them as few questions as possible (don't collect unnecessary information) and pre-populate as many fields as possible. Don't ask offputting questions where the respondent might have to enter sensitive personal information. If some users see you collecting sensitive information, they might not be ready to share that with you yet based on what you are offering, and they will think twice about completing the form.

What is the maximum insurable earnings for 2018?

3200 USD or around 225000 INR per month, I am a 22 year old Software Engineer working in Noida. My take home salary from office is 500 USD per month and I got to work 11–8 every weekday there. Major chunk of my income comes via freelancing. I am a blockchain developer too and am an expert in ethereum/solidity smart contracts. I was introduced to blockchain and crypto world in my final year of b.tech and rather than investing in it, I was more interested in creating one. So that was the beginning and I went through all the available resources online to learn this thing. At that time we had very few Continue Reading

What is the EI rate for 2019?

I would have to assume the price would depend on how far down the supply chain. In Las Vegas one can get a “8 ball” delivered from the “Mexicans” for fifty bucks. You can expect to pay twice that much for the same meth in the clubs on the Strip. Since the wholesale price is so cheap there is really no need to cut meth anymore, unless you are buying quarter grams off the streets for $25.00. If there wasn’t enough reasons for passing on meth, an inferior product and a high price would do it for me.

What is included in insurable earnings?

Bawaji, 400,000 per month is very good for a single person, as long as they do not plan to live lavishly. Despite what many still believe, Japan is very affordable and is much cheaper than USA and most other Western countries nowadays. In addition, the quality of food and services is perhaps the best in the world.

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