- Employer (job placement)
The worker was placed at a library through a federal government agency employment creation program. The worker was injured while working at the library, near the end of the one-year placement. The Board charged the costs of the claim to the library. The library appealed, claiming that the federal government agency should be the employer of record.
The worker had been employed by the library, pursuant to the federal placement, for almost one year, when the accident occurred. After the accident, the library hired the worker on a short-term basis to compete the project on which he had been working.
As a general principle, an employer who hires a worker is responsible for WSIB costs. It would only be on an exceptional basis, either through applicable Board policy or a clearly understood lawful agreement that an entity other than the employer would be responsible for WSIB cost. The agreement between the library and the federal agency in this case makes no reference to WSIB costs. It does, however, identify the employer as the library. Thus, there were no exceptional circumstances in this case.
The library is the accident employer, and is responsible for WSIB costs of the claim. The appeal was dismissed.
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