Considering new information
Mr. Q is an injured cabinetmaker. He received a letter saying his claim was allowed for low back and bilateral upper leg strain
injuries but no loss of earnings were in order since he had been offered suitable modified work. He had been off work for several
weeks and felt unable to return because of ongoing pain. His doctor recommended he stay off work but the WSIB did not consider this
recommendation. Mr. Q called the Commission.
Commission staff noted an October decision letter that said “as of December 2, 2013, you will be considered fully recovered from
your workplace injury. This means you will be fit for your regular pre-accident job at your full pre-accident hours. No restrictions will
apply. Your employer will have no further obligation to provide you with modified work as you will be considered fully recovered. This
is the case even if you bring in notes from your doctor or Functional Abilities Form as they will no longer be required as of December 2,
2013.” His claim would be closed in December.
The Commission contacted the manager, who agreed the letter was “horrible.” It told Mr. Q that regardless of any new information that
might become available or any change in circumstances, the claim would be closed in six weeks.
The manager said WSIB would expedite an MRI and scheduled it for early 2014. She asked the case manager to have a return-to-work
specialist (RTWS) contact the employer about the modified work. The manager said any new information obtained in a meeting with Mr. Q,
from the RTWS and the employer, and from the results of the MRI would be used to reconsider the claim.
The Commission explained to Mr. Q the steps the WSIB would take to obtain new information before making further decisions.