Before You Do Anything Else
- Don't call just to "talk it through" with no notes.
- Don't agree to anything on the phone you don't understand.
- Don't send a rage email you can't walk back.
Do this first:
- Save a copy of whatever they sent (photo, screenshot, PDF).
- Write the date, what they decided, and how it hits you (lost income, treatment, job).
- Take 10 minutes on this site to figure out what kind of bullshit it is – ignored evidence, contradictory decisions, retaliation, "our records show," etc.
You're not overreacting. You're buying yourself time to respond with strategy, not just pain.
WCAT Precedent Armory
Real cases where workers won. Steal their reasoning, structure, and language.
Showing 31 of 31 cases across 7 categories.
Is my injury covered? – Acceptability & causation
Injury with no clear diagnosis still compensable
Key Strategy Moves:
- Don’t rely on 'it happened at work and I felt awful' — build a coherent medical theory of the condition
- Get a doctor to explicitly tie cause to work, not just document symptoms
- Focus arguments on mechanism and evidence rather than a perfect label
Portable Strategy for Workers:
Even without a clean diagnosis, combine a clear mechanism with a medical opinion linking work to causation to ground acceptability under s.5(1).
Pre-existing conditions, degenerative findings & cumulative trauma
Confirms the Board must adjudicate entitlement based on cumulative effects of prior injuries, not just single incidents, and can’t ignore relevant court cases.
Key Strategy Moves:
- Force decision-makers to take jurisdiction over cumulative injuries instead of slicing issues into isolated episodes
- Map issues tightly to Review Division jurisdiction to show improper refusals
Portable Strategy for Workers:
When the Board/Review tries to narrow the issue, insist they address the overall disability picture rather than isolated incidents.
Mental disorder, bullying/harassment & late applications
Sets out the subjective + objective test for mental-disorder claims and recognizes refusal to accommodate (by denying the condition) as a significant workplace stressor.
Key Strategy Moves:
- Meet the two-part mental-disorder test head-on (subjective reaction + objective significant stressor)
- Reframe refusal to accommodate as a harmful stressor, not a neutral employment decision
- Describe ongoing targeted invalidation and its impact
Portable Strategy for Workers:
When employers stonewall accommodation requests, document the pattern and argue it falls outside the s.5.1(1)(c) exclusion as an abusive stressor.
What counts as a decision? Timelines & Board do-overs
Three-person panel discusses whether a Board communication is just a finding of fact or an appealable decision that triggers timelines.
Key Strategy Moves:
- Show the communication finally resolved an issue (entitlement, rate, acceptance)
- Once it’s a decision, assert appeal rights and applicable limitation periods
Portable Strategy for Workers:
Whenever you get a vague letter, ask if it decided something; if yes, treat it as appealable and act on timelines.
Challenging Board medical advisors & internal practice
A Board Medical Advisor’s job is to provide medical expertise, not interpret/apply policy; the Board can’t rely on internal guidelines that override binding policy.
Key Strategy Moves:
- Challenge medical advisors when they stray into policy interpretation
- Point out conflicts between internal guidelines and binding Board policy
- Scrutinize work simulations and their validity
Portable Strategy for Workers:
If the Board ignores your specialist and leans on its own doctor, argue the advisor overstepped by making policy calls instead of giving medical evidence.
Reopenings & ‘new diagnoses’
CT scan gave a new label, but WCAT held the underlying condition was the same, allowing reopening under s.96(2).
Key Strategy Moves:
- Label new tests as clarifying, not transforming
- Tie significant change to the originally accepted condition
- Argue the CT/MRI didn’t create a new condition, just better detail
Portable Strategy for Workers:
When new imaging emerges, argue it clarifies the accepted condition so reopening under s.96(2) applies.
Parking lots, travelling workers & ‘off-route’ situations
Worker hit by a car in employer’s parking lot returning from lunch; WCAT applied s.5(4) presumption and found it compensable.
Key Strategy Moves:
- Connect the parking lot to employer ownership/control
- Show the worker was in the process of returning to work
- Invoke s.5(4) presumption once course of employment is established
Portable Strategy for Workers:
Treat employer-controlled parking lots as part of the work environment when returning to or leaving work.