A worker’s representative contacted the Commission to say he had been trying for more than six months to get the WSIB to rectify what he believed was a significant error in long-term loss of earnings (LOE). He said he believed the amount was incorrect because a pay increase during the calculation period was not factored in and LOE payments from another claim should have been factored out.

The representative followed up with the WSIB three times by phone and twice in writing. The WSIB took no  action. The Commission contacted the manager about the delay and lack of communication. The manager said the team was short-staffed and the new case manager was inexperienced.

Because of the Commission’s inquiries, the WSIB determined that the worker’s representative was correct. The WSIB had been significantly underpaying the worker for months. In December 2017, the worker received a cheque for nearly $31,000.