10.2190/G09J-FV09-QDU6-EWXJ G09JFV09QDU6EWXJ 4 Reemployment and Accommodation of Injured Workers Under Ontario's Workers' Compensation Act 253 262 20020509 20020509 20020509 20020509 G09JFV09QDU6EWXJ.pdf http://baywood.metapress.com/link.asp?target=contribution&id=G09JFV09QDU6EWXJ 3 Douglas E. Hyatt University of Toronto, Canada Recent amendments to Ontario, Canada's Workers' Compensation Act places an obligation upon employers to rehire workers injured in their workplace. The obligation extends for a period of two years after the date of injury. The act also requires that, where necessary, employers take actions or make investments to accommodate the injured worker's return to work, so long as these accommodative measures do not cause the employer undue hardship. Although the act appears to place reemployment obligations squarely on employers, the success of the reemployment provisions will also depend on the response of the other parties, namely injured workers and the workers' compensation board itself, to the obligations the act places on them. This article outlines the reemployment provisions of the act and examines the obligations the act sets out for each of the parties as well as the incentives to comply. D. Baker and G. Sones, Employer Obligations to Reinstate Injured Workers, <i>Journal of Law and Social Policy, 6</i>, p. 31, 1990. Workers Compensation Act, R.S.O. 1980, c.539, as amended by S.O. 1989, c. 47. Workers' Compensation Board policy document #07-05-07 (May 3, 1991). Workers' Compensation Board policy document #07-05-12 (April 30, 1991). M. Gunderson, Implications of Reasonable Accommodation for Industrial Relations Practices, unpublished manuscript, University of Toronto, January, 1991. Workers' Compensation Board policy document #07-03-05 (April 30, 1991). R. Allingham and S. Sangster, Rehabilitation Strategies for Injured Workers in Ontario: A Unified Approach, <i>Labor Law Journal, 41</i>:8, pp. 534-540, 1990. E. Kaegi, New Approaches to Medical and Vocational Rehabilitation, <i>The Workers' Compensation Board of Ontario 75th Anniversary Symposium</i>, Ontario Workers' Compensation Board, p. 28, 1985. Workers' Compensation Board policy document #07-01-03 (February 25, 1991). Workers' Compensation Board policy document #07-05-03 (May 10, 1991). Workers' Compensation Board policy document #07-05-04 (May 1, 1991). J. Burton, Jr., Compensation for Permanent Partial Disabilities, in <i>Safety and the Work Force, Incentives and Disincentives in Workers' Compensation</i>, J. Worrall (ed.), ILR Press, Ithaca, New York, 1983. R. Haveman and B. Wolfe, Disability Transfers and Early Retirement: A Causal Relationship?, <i>Journal of Public Economics, 24</i>:1, pp. 47-66, 1984. D. Parsons, The Decline in Male Labor Force Participation, <i>Journal of Political Economy, 88</i>, pp. 117-134. P. Weiler, Permanent Partial Disability: Alternative Models for Compensation, report submitted to William Wrye, Minister of Labour, Queen's Printer, p. 18, 1986.