If a worker receives medical assistance in dying as a result of a work-related injury/disease, and if such assistance is provided in accordance with federal and provincial law, the worker is deemed to have died as a result of the work-related injury/disease for which he or she received the medical assistance.
PurposeThe purpose of this policy is to outline the circumstances under which a worker who receives medical assistance in dying, as a result of a work-related injury/disease, may be entitled to WSIB benefits/services.
A worker who meets the legal requirements for medical assistance in dying (as a result of a work-related injury/disease) is generally entitled to such WSIB health care benefits/services as may be necessary, appropriate and sufficient, see 17-01-02, Entitlement to Health Care.
The survivor(s) of a worker who legally qualifies for medical assistance in dying, (when such assistance is provided for a work-related injury/disease), is generally entitled to WSIB survivor benefits. For more information, see the policies set out in “Tab 20 – Survivors” of the Operational Policy Manual.
More than one condition
In the event that a worker is legally eligible for medical assistance in dying, but has a non-work-related condition(s) in addition to his or her work-related injury/disease, the WSIB decision-maker must determine whether the work-related injury/disease made a significant contribution to him or her becoming legally eligible for medical assistance in dying. If so, entitlement to WSIB benefits/services will generally be in order.
In making this determination, the WSIB decision-maker may seek the opinion of a WSIB medical consultant.
This policy applies to all decisions with respect to entitlement periods on or after April 5, 2018, for accidents on or after January 1, 1998.
Policy review schedule
This policy will be reviewed within five years of the application date.
This is a new policy.
Workplace Safety and Insurance Act, 1997, as amended
Sections 2(1), 2.2, 33, 48