Workers Compensation Appeals Tribunal Analysis

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On October 1, 1985, the Workers' Compensation Appeals Tribunal ("WCAT") was legislated into existence by the Ontario Government. Prior to the creation of the Tribunal, all decisions concerning workers' compensation matters were made by the Workers' Compensation Board (the "Board"), which possessed two levels of internal appeal. The Tribunal was created to replace the Board's internal Appeal Board.

The hallmarks of this newly created Tribunal were its independence from the Board, a tripartite adjudicative model, and expertise in decision-making. The Tribunal's general mandate was, and continues to be, to hear the appeals of workers and employers who were dissatisfied with the final decisions of the Board. Prior to the Tribunal's creation, there