Policy
The WSIB of Ontario can enter into reciprocal agreements with other countries in order to receive certain services for Ontario workers who have moved to that country. The WSIB can also provide services to a worker from those countries who move to Ontario.
Background
International Reciprocal Agreements
The WSIB entered into reciprocal agreements with its counterparts in the countries of Italy, Greece, and Portugal. These reciprocal agreements provide a way for the WSIB to
- review a worker's degree of permanent impairment/disability
- pay for necessary health care at the worker's place of residence, and
- register a worker's claim for exposure that may have resulted in an occupational disease.
These agreements apply when an Ontario resident moves out of the country or when a person from another jurisdiction comes to Ontario. In both cases, the worker obtains claim-related services without having to return home.
NOTE
Each reciprocal agreement comes into effect upon the date of signature. For specific dates contact the Office of the Secretary of the WSIB.
Definitions
- INAIL is the acronym for the "Instituto Nazionale per l'Assicurazione contro gli Infortuni sul Lavoro," the Italian equivalent of the WSIB.
- CNPCRP is an abbreviation for the "Centro Nacional de Proteccao Contra os Riscos Profissionais," the Portuguese equivalent of the WSIB.
- GRSSI is an abbreviation for the "Greek Republic Social Security Institute."
- "Signator" refers to INAIL, CNPCRP and GRSSI.
Guidelines
Extent of applicability
The provisions of the INAIL, CNPCRP and GRSSI agreements apply to the workers of Ontario, Italy, Portugal and Greece who are entitled to permanent impairment/disability payments from either INAIL, CNPCRP, GRSSI or the Ontario WSIB.
These agreements apply to the evaluation or re-evaluation of a work-related residual impairment/disability affecting a worker and the conditions related to the recognized impairment/disability.
Health care services
Health care services for work-related injuries and occupational diseases are provided in accordance with the provisions of
- Article IV of the Memorandum of Understanding, Italy
- Article II of the Memorandum of Understanding, Portugal
- Article III of the Memorandum of Understanding, Greece,
even if workers transfer residence to Ontario, or to the territory of the Italian, Portuguese, or Hellenic republics.
If a worker is to receive necessary health care or assessment under these agreements, the WSIB requires a Certificate of Authorization Covering the Right to Health Care Services (a certificate) from the worker. Requests for a certificate should be sent to the Office of the Secretary of the WSIB. The secretary refers the request to the appropriate operating area to authorize the certificate.
The Signator supplies the certificate(s) for Signator benefit recipients now residing in Ontario who require health care services and/or assessment.
Requests for assessments
Requests for assessments/reassessments can be received in a number of ways
- from the worker who may contact the WSIB directly
- from the agency (INAIL, CNPCRP or GRSSI) at the request of the worker
- through a third party authorized to represent the worker in Canada (e.g., a relative, physician, an MPP)
- through transcripts of expiring provisional benefits.
Occupational disease
The WSIB conducts inquiries to establish claim entitlement for workers residing in Italy, Portugal and Greece, whose last exposure was in Ontario. For workers residing in Ontario, whose last exposure was in Italy, Portugal or Greece, the WSIB, upon receipt of the Signator's certificate, conducts inquiries to assist the Signator's adjudication of the claim.
Appeals
Workers receiving benefits from a Signator country have no right of appeal to the Ontario WSIB. Workers in receipt of benefits from the Ontario WSIB who now reside in a Signator country may forward objections. See the document called "Appeal System - Principles and Procedures" on the WSIB website (www.wsib.on.ca).
Out-of-province health care
A worker's entitlement to non-emergency health care outside of Ontario may be limited in some cases (see 17-01-04, Health Care Outside Ontario).
Leaving the province/country
Leaving Ontario may affect a worker's entitlement to benefits under Workplace Safety and Insurance Act or the Workers' Compensation Act (the Act) (see 15-06-07, Leaving the Province/Country).
Payment of benefits
INAIL/CNPCRP/GRSSI and the Ontario WSIB pay the benefits resulting from the work-related injury/disease directly to the worker, or the worker's dependants residing in the other country's territory.
Permanent WSIB benefit recipients outside Canada
Workers in receipt of permanent WSIB benefits who do not reside in Canada are entitled to receive payment in the same manner as those who reside in Canada, unless they request that other arrangements be made (see 15-06-07, Leaving the Province/Country).
Application date
This policy applies the date each reciprocal agreement came into effect which is the date the agreement was signed.
Document History
This document replaces 17-03-05 dated May 24, 2002.
This document was previously published as:
17-03-05 dated June 15, 1999
8.7* dated January 1, 1998
01-04-16* dated October 1989
99-01-04* dated December 1989.
*Documents were replaced by 17-03-05 dated June 15, 1999.
References
Legislative Authority
Workplace Safety and Insurance Act, 1997, as amended
Section 159(8)
Workers' Compensation Act, R.S.O. 1990, as amended
Section 65(3)(i)
Minute
Administrative
#14, June 30, 2004, Page 387