Mr. Frankson alleged the Workplace Safety and Insurance Board (the WSIB) discriminated against him on the ground of disability when it changed his Labour Market Re-Entry (LMR) program because of his learning disability. He was moved from a 3 year LMR program to a 5 week program because they refused to provide accommodation for his learning disability in the original program.

The Tribunal found that the WSIB decisions regarding benefits are “services” under the Code and that WSIB decision makers are not covered by the doctrine of judicial immunity. The WSIB’s exclusive jurisdiction to determine the suitability, content and implementation of a Labour market Re-entry (LMR) program plan was found not to deprive the Tribunal of its jurisdiction to determine whether the WSIB had failed to take into account the accommodation of the Applicant’s disability.

The Tribunal ordered:

  • $5,000 to the Applicant as compensation for loss of the right to be free from discrimination; and
  • the WSIB to amend its Labour Market Re-entry policy to accommodate disabilities, including non-physical disabilities such as a learning disability.

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