Tribunal decision wrongly implemented

A 50-year-old worker contacted the Commission because the WSIB stopped his partial loss of earnings (LOE) payments, contrary to a decision of the Workplace Safety and Insurance Appeals Tribunal (the Tribunal).

The Tribunal accepted the WSIB’s 2013 decision to pay partial LOE payments based on the worker’s ability to work 20 hours a week at minimum wage to age 65. It rejected the worker’s argument that he was unemployable,and therefore entitled to full LOE payments.

Instead of continuing the partial LOE payments the worker had been receiving, the WSIB appeals implementation team suddenly terminated all LOE payments as of August 3, 2017, the date the decision was implemented. The worker and his representative called the WSIB, but WSIB staff said the decision was final and if the worker or representative had issues with it, they should call the Tribunal.

After hearing from the worker, the Commission asked a manager to review the Tribunal decision and the WSIB’s implementation. The Commission pointed out that the Tribunal decision intended the words “not entitled to further LOE benefits” to mean not entitled to the increased payments the worker was seeking in his appeal. It was clear from reading the full decision that the Tribunal intended to leave existing payments in place.

The manager reviewed the decision with senior WSIB staff. The following day, the WSIB reinstated the worker’s LOE payments. The following week, the worker received a cheque for $3,700 to cover LOE payments retroactive to the date they were stopped.