WSIB should not have been involved in employer efforts to recover overpayment to worker

A worker’s representative contacted the Commission about the WSIB seeming to favor a Schedule 2 employer’s efforts to recover an overpayment to a worker, something the WSIB is not supposed to be involved in    Schedule 2 employer’s pay the total cost of payments and benefits for injured workers.

In a 2014 decision letter, the WSIB rescinded a worker’s loss of earnings (LOE) payments and wrote that the “WSIB does not pursue debts resulting from reversed or amended decisions”. In January 2017, after receiving a call from the employer, the WSIB sent the worker the same decision letter but removed the reference to the non-pursuit of debts.

The Commission contacted a WSIB manager to ask why. The manager reviewed the file and confirmed that the 2014 letter was correct and that the WSIB should not have sent the 2017 letter.

The manager further clarified that recovery of overpayments is an issue between Schedule 2 employers and injured workers, and that the WSIB has no control or influence over the process and must remain neutral.