Implementation of a WSIAT decision

A worker representative complained to the Commission that the case manager was ignoring a WSIAT decision approving the worker’s choice of urban planner as a suitable occupation (SO). The worker enrolled in the program on his own initiative and completed the first year of the 3 year program.

The case manager, however, asked the worker to attend a Functional Abilities Examination (FAE) in order to explore options for a return to work with the accident employer. The case manager also contacted the accident employer to make inquiries about available suitable employment despite the fact that the worker had not been employed by the employer for many years. The case manager advised the worker that benefits would be terminated if he did not attend the FAE.

A Commission specialist contacted the manager who asked the case manager to refer the WSIAT decision to a WSIB policy analyst to ensure the case manager’s actions were not contrary to the WSIAT decision.

The representative also discussed the WSIAT decision with the director. After the discussion, the director reviewed the issue and the FAE was cancelled.