The representative for a migrant worker contacted the Commission to complain that the WSIB had not responded to requests for review of the worker’s entitlement to further loss of earnings (LOE) benefits.

The worker suffered an injury in August 2014 and performed modified duties until he returned to his home country in October 2014. He received LOE benefits until his expected recovery date in November of that year. While LOE payments stopped, the worker continued to receive WSIB funded health care treatment and specialist assessments well beyond WSIB’s forecasted recovery date.

In early 2017, the WSIB determined that the worker had reached maximum medical recovery back in April 2016, and that he had no permanent impairment. However, the WSIB continued to pay for health care, including psychological treatment. The WSIB did not consider whether the worker was entitled to LOE benefits from November 2014 to April 2016, while he was considered impaired.

The Commission raised concerns about the decision-making process with a WSIB manager. As a result, the WSIB reviewed the medical information and determined that the worker did, in fact, have an ongoing impairment and was unable to perform his pre-injury work. With no suitable occupation to recommend, the WSIB:

• Reinstated LOE benefits;
• Paid the worker $86,000 in retroactive LOE benefits; and,
• Recognized the worker’s permanent impairment for which he received $11,000 in non-economic loss (NEL) benefits.