Worker who fell downstairs may have fainted, said WSIB
Complainant: Injured worker
Problem: Procedural flaws behind denied claim.
Resolution: The WSIB gathered required information and determined the injury was work-related.
A worker was able to drop his appeal of a WSIB decision after the Commission took his case up, first with the manager who had denied the claim, and then with an assistant director.
The worker fell downstairs at work and suffered head and back injuries. He couldn’t understand why the WSIB denied his claim. The WSIB’s decision letter stated that the worker may have fainted and then fallen since there was no reason for his fall.
He filed an Intent to Object (ITO) form and explained that he had tripped because the toe guards on the stairs were not in good condition. The Commission asked the manager to clarify why the claim had been denied, and noted that there is no policy on fainting. The manager maintained that the decision and rationale behind the denial were correct.
The assistant director acknowledged to the Commission that the case manager had not considered the mechanism of the injury. She further noted that there were significant procedural flaws in the decision-making because no accident statement had been taken from either the worker or employer.
After that information was gathered, the WSIB determined that the fall was work-related. The worker’s claim was allowed for loss of earnings and health care benefits.