Making sure WSIB follows own policy

Ms. C received a letter from the WSIB saying that, as a result of surveillance, they found she was able to function at a higher level than shown in an earlier function and pain program assessment. She was no longer entitled to benefits.

Ms. C contacted the Commission, describing how terrified she was at being followed, especially as she lived alone in a rural area. She believed the decision was unfair.

The Commission first reviewed the WSIB policy. It says a worker has an opportunity to view any surveillance evidence and respond to the WSIB before a decision is made. Ms. C did not see the evidence. A WSIB manager agreed with the Commission that what had happened was not in line with the policy. The manager directed the case manager to give Ms. C an opportunity to visit the closest WSIB office to view the surveillance DVDs.

Commission staff contacted Ms. C, who said she would consider making arrangements to see the DVDs.