WSIB - Ontario Nurses' Association

claim was initiated, and who were not responsible for severing the employer/union relationship because modified work was not available and/or becausethe grievance was settled. It also does not include members of newly certifiedbargaining units when the issue(s) in dispute are new.5. Pre-Bill 99 claimsONA does not provide direct representation on pre-Bill 99 claims where thedate of injury was prior to January 1, 1998.Issue-specific cases where ONA will not provide representation1. Permanent Impairment and Non-Economic Loss (NEL) awards: Increasesand arrears, unless the increase would significantly affect other entitlements/benefits.ONA would represent if a claimant’s condition had deterioratedand needed change in Future Economic Loss (FEL)/LOE awards, or ifdue to deterioration, the claimant needed a temporary or permanent supplementwith permanent disability award.2. Commutations (requests for lump-sum payments).3. Health care benefits, unless they would have a dramatic effect on other entitlements.4. Employer access to the WSIB claim file. ONA will have discretion to providerepresentation, if an employer’s request for access to a claimant’s WSIBfile is being used to harass a member.5. Employer requests for medical assessments. Staff will have discretion toprovide representation if an employer’s request for a medical assessment isbeing used to harass a member.6. Recovery of overpayments. ONA will represent when the issue is reallyabout overturning the initial entitlement, if it meets other criteria or there isanother issue being appealed by ONA. ONA will look at what created theoverpayment to determine representation on this issue.7. Earnings basis calculations.8. Second Injury Enhancement Fund, unless a successful employer appealcould dramatically reduce other entitlements, i.e. NEL award being reducedand this will adversely affect other benefits.9. No lost-time claims where there is no Permanent Impairment (PI) evi-28