Public Notice
On July 19, 2018 the Ontario Superior Court of Justice granted Pletro Castrillo leave to discontinue his proposed class action against the Workplace Safety and Insurance Board (the “WSIB”).
Mr. Castrillo’s action alleged that the WSIB has improperly reduced Non-Economic LOSS (“NEL”) benefits payable to injured workers on account of their permanent impairment. Specifically, the action alleged that the WSIB improperly reduced NEL benefits to injured workers whose post-accident impairment was worsened by a pre-existing condition that had been asymptomatic before the accident.
Mr. Castrillo sought leave to discontinue his action after the WSIB announced that it would clarify its policy on the reduction of NEL benefits on account of pre-existing conditions, and further, that it would review cases in which this had occurred to determine whether injured workers were due additional compensation.
Mr. Castrillo’s action sought to recover the legal costs that Mr. Castrillo incurred in appealing the WSIB’s decision to reduce his NEL benefits. If you wish to assert a similar claim against the WSIB, the discontinuation of Mr. Castrillo’s action may affect your rights. Mr. Castrillo is no longer seeking the certification of class proceeding, and the limitation period on the claims asserted in Mr. Castrillo’s proposed class action will resume running on August 18, 2018.
