- Estoppel
- Permanent impairment {NEL} (redetermination) (significant deterioration)
- Functus officio
The only issue in dispute was the worker's entitlement to a redetermination of the NEL award for psychotraumatic disability.
The Panel found that the sole issue in appeal had been finally decided by the prior WSIAT decision, Decision No. 1776/19. As a result, the Panel found that the Tribunal had no jurisdiction to decide the issue in appeal. The worker's appeal was denied. The work-relatedness of any significant deterioration was a fundamental question in Decision No. 1776/19, and a fundamental question in this present appeal. The Panel invited submissions from TCO counsel on the question of whether the doctrines of issue estoppel or functus officio were invoked. TCO submitted that regardless of whether the primary issue was analyzed under a statutory interpretation analysis, or through the doctrines of functus officio or issue estoppel, the result was the same. The Panel determined that in applying a statutory interpretation or functus officio approach, the appeal could not proceed, because the same issue of entitlement to a NEL redetermination had already been finally decided in the same forum, by a WSIAT decision which was final and valid, and which was made in the same forum as the present appeal. The Tribunal was bound by the findings of the prior WSIAT decision. The Panel found that in applying a Danyluk (issue estoppel) analysis, the result was the same. Once an issue has been decided by the WSIAT, the doctrine of functus officio applies and prohibits the WSIB or WSIAT from deciding the same issue again, except within the context of its reconsideration framework. There has been no request for reconsideration of Decision No. 1776/19 made in compliance with the relevant Practice Direction and procedures provided by the Tribunal for reconsidering a final decision.