Worker’s appeal allowed at WSIAT, but WSIB didn’t pay LOE benefits
The worker was allowed initial entitlement for a work-related low back
injury, according to a Workplace Safety and Insurance Appeals Tribunal
(WSIAT) decision. The WSIB, however, did not pay the worker loss of
earnings (LOE) benefits.
Although the worker returned to modified work, the employer
subsequently fired her. The WSIB case manager decided the modified
work was suitable and the firing had nothing to do with the injury.
The Commission’s review suggested otherwise. Information in the
WSIAT decision and the WSIB file indicated that the worker wasn’t fired
because of job performance. The Commission sought clarification on the
WSIB’s decision-making process and the worker’s re-employment rights
with the employer.
Because of the Commission’s inquires, the WSIB gathered further
information, reviewed the claim, and found that the worker’s termination
was, in fact, related to her work injury.
As a result, LOE benefits were paid to the worker