Claim file re-opened and outstanding information collected
The employer told the WSIB that the injured worker had fallen from a
ladder on his first day on the job. The worker hadn’t yet been paid, and
the company wasn’t registered with the WSIB, according to the employer.
The Commission’s review revealed that the WSIB had information on
file confirming the employer was registered. Also, the worker had told the
WSIB that he had worked for more than two years for the employer and
was, in fact, paid by direct deposit.
Although this case came to the Commission only in 2016, the WSIB
had closed the worker’s claim file in 2013. The WSIB had written to
the worker and advised it would close his file after the worker and his
previous representative failed to attend or acknowledge a meeting to
discuss outstanding information.
In 2016, a community legal clinic contacted the Commission arguing
that the WSIB should not have closed the file. The clinic said that the
WSIB had most of the information it needed, and that the worker spoke
little English, was extremely vulnerable, and had been poorly represented
at the time by another representative.
Following inquiries by the Commission, the worker’s claim file was
reactivated. An assistant director told the Commission he was not
satisfied with how the WSIB had handled the claim, and he referred it
back to a claims investigator to collect outstanding information so that
a proper entitlement decision could be made.