In Decision No. 231/25, the Workplace Safety and Insurance Appeals Tribunal (“WSIAT”) considered whether an employee’s concussion—sustained during a paid break while attending a Weight Watchers meeting on the university campus where she worked—arose out of and in the course of employment, such that it was eligible for workers’ compensation coverage.

Background

During one of the employee’s two paid 15-minute breaks, she left her workspace and walked to another on-campus building to weigh in for the Weight Watchers program. The meeting was not employer-run, but the employer had provided space for it and permitted employees to attend.

While in the building where the program was held, the employee fell and suffered a concussion. She was transported to a hospital and subsequently filed a Workplace Safety and Insurance Board (“WSIB”) claim for benefits.

The WSIB initially denied entitlement, finding that the accident did not arise out of or in the course of employment. The employee appealed that decision, and the WSIB ultimately reversed it, granting entitlement. The employer then appealed to the WSIAT, arguing that the injury resulted from a purely personal activity during the employee’s break and was therefore unrelated to her employment.

Decision

The WSIAT dismissed the employer’s appeal, holding that the accident arose out of and in the course of employment.

The employer argued that the university campus was too large for the entire property to constitute the employee’s workplace, and the worker’s activity was not work-related. The WSIAT rejected both arguments.

The Tribunal relied heavily on the “premises rule” in the WSIB’s policies, which generally considers accidents occurring on an employer’s premises during work hours to be in the course of employment unless the employee was engaged in an activity wholly unrelated to the employment or outside the employer’s control.

The WSIAT found that the entire campus constituted the employer’s premises and noted that the policy does not distinguish between an employee’s fixed workplace and other areas of the employer’s property. 

The WSIAT also found that, although the Weight Watchers program was not employer-run, the employer had condoned it by providing space for the program to occur and allowing the event to be promoted using university resources. The Tribunal likened this condonation to situations where employers make their premises available for sports activities. The fact that participation was voluntary did not displace the other work-related aspects of the accident.

Further, the injury occurred as a result of the ordinary hazards of the employer’s premises. The employee fell and hit her head on the surface of the employer’s building during a paid work break and in a location she was permitted to be.

The WSIAT therefore concluded that the accident occurred in the course of employment, and the employee retained entitlement to WSIB benefits.

Takeaways for Employers

1. Activities Allowed or Condoned on Employer Premises Can Create WSIB Exposure: This decision reinforces that when employers permit or condone wellness, recreational, or personal-development programs on their premises during working hours—even voluntarily attended ones—any resulting injuries may be considered to have occurred in the course of employment. Employers should carefully evaluate which non-work activities they allow onsite and during paid time.
2. Employers Should Implement Clear Policies on Onsite Non-Work Activities and Break-Time Conduct: When employers make facilities available for wellness or recreational programs—such as fitness classes, charity events, or support groups—they may be viewed as condoning those activities. This can result in WSIB coverage for injuries arising from activities the employer may have viewed as purely personal.
3. The “Premises Rule” Applies Broadly: The Tribunal confirmed that the premises rule applies to the employer’s entire property, even where the workplace consists of multiple buildings or a large campus. Employers with multi-site or campus-style operations should be aware that injuries occurring anywhere on their premises during work hours—even far from an employee’s usual work area—may still be considered to have arisen in the course of employment.

This blog is provided as an information service and summary of workplace legal issues.

This information is not intended as legal advice.