Injured Worker Rights Upheld with WSIB Benefits: WSIAT Reaffirms Principles on Pre-Existing Stable Condition

Workplace Safety and Insurance Appeals Tribunal Decision No. 742/24, released August 19, 2025, the Panel's rulings reinforces how pre-existing stable conditions are to be considered in WSIB claims, especially when determining the suitability of a Suitable Occupation (SO) and whether an injured worker is competitively unemployable. This decision provides important guidance for both injured workers and employers navigating complex claims involving long-standing medical conditions.

Importantly, this successful outcome was secured through the advocacy of Bruce Zevallos of RCR Legal Services Professional Corporation, who advanced compelling arguments before the Tribunal that ensured the worker’s unique circumstances were fully recognized and his rights protected.

Key Insights from the Decision

• The Tribunal reaffirmed the application of the thin skull doctrine, meaning that injured workers must be considered as they were at the time of the workplace accident, including any stable pre-existing conditions. This ensures a fair and individualized assessment of each worker’s abilities and limitations.
• In this case, the injured worker had a stable pre-existing condition (cerebral palsy affecting the left side) prior to his workplace injury. The impact of this condition, which limited the use of his left arm and his walking ability, was carefully considered in assessing his post-injury employability.
• The Tribunal found that the SO of Customer and Information Services Representatives was not suitable for the injured worker, given his limited transferable skills, lack of computer proficiency, and physical restrictions from both his right shoulder injury and pre-existing cerebral palsy. The analysis focused on whether the worker had a realistic prospect of obtaining and sustaining employment in the open labour market.
• The decision clarified that only stable pre-existing conditions (as they existed prior to the accident) should be considered in the suitability and employability assessment. Any post-accident deterioration in these conditions should not be used to limit benefits or justify the suitability of a SO.
• The Tribunal conducted a holistic, multifactorial analysis, considering the worker’s age, education, transferable skills, functional abilities, and the need for retraining. It found that the combination of his workplace injury and pre-existing condition rendered him competitively unemployable from November 15, 2017, entitling him to full Loss of Earnings (LOE) benefits to age 65.
• The decision reinforces the importance of individualized assessment and the protection of injured workers’ rights, especially for those with complex medical histories. It also underscores the need for employers and WSIB to offer genuine accommodation and consider all relevant factors in return-to-work planning.

Conclusion

Decision No. 742/24 sets a strong precedent for how pre-existing stable conditions should be treated in WSIB claims and appeals. It ensures that injured workers are not unfairly disadvantaged due to conditions they had prior to their workplace accident, and that the assessment of suitable occupations and employability is both fair and comprehensive.

This outcome, achieved through the skilled representation of Bruce Zevallos, demonstrates the critical role that effective legal advocacy plays in securing life-changing results for injured workers.

Empowering Yourself Through Knowledge and Advocacy

Staying informed about your rights, the claims process, and recent legal decisions is one of the most powerful tools at your disposal. Ontario’s legal landscape for workplace safety and compensation is dynamic, and decisions like Decision No. 742/24 illustrate the importance of individualized, evidence-based assessments. By actively participating in your claim, seeking expert guidance, and leveraging available resources, you can enhance your chances of a fair outcome.

Worker advocacy organizations, unions, and legal professionals specializing in WSIB matters are valuable allies. They can provide information, peer support, and direct representation to help you navigate the complexities of the system.

How Personalized Legal Services Make a Difference

Every injured worker’s journey is unique, shaped by personal health histories, employment backgrounds, and individual goals for recovery. Personalized legal support goes beyond paperwork and legal arguments, it means having an advocate who listens, understands your priorities, and fights for your rights at every stage.

With over a decade of experience representing workers across Toronto, Mississauga, Vaughan, Oshawa, Kitchener, Ottawa, Barrie, London, Sarnia, Pickering, Ajax, Richmond Hill, Oakville, Hamilton, Sudbury, Milton, Burlington, the Greater Toronto Area, and surrounding regions, RCR Legal Services Professional Corporation is committed to guiding you through the entire claims and appeals process. Whether you are facing challenges with WSIB, need representation at the Appeals Services Division or WSIAT, or require support for complex cases involving traumatic brain injuries, occupational diseases, or spinal cord injuries, you will receive expert guidance every step of the way.

By choosing a partner who is both knowledgeable and compassionate, you gain the confidence that your case is being handled with the utmost care. Regular updates, transparent communication, and a deep understanding of both legal and medical issues ensure you are never left in the dark.

If you are ready for trusted advocacy and expert legal support for your workplace injury claim, reach out to Bruce Zevallos at bruce@rcrlegalservices.com. You deserve to have your voice heard and your rights protected as you pursue the benefits and security you are entitled to.