News & Noteworthy Decisions
Tribunal Decision Denies LOE Benefits, Taking into Account Worker’s Lack of Motivation to Return to Gainful Employment
This Tribunal decision granted an employer’s appeal, ultimately reversing a 2021 ARO decision which had granted entitlement to full loss of earnings (LOE) benefits to age 65. The principal issue in this appeal was whether the seriousness of the worker’s workplace injury completely prevented them from returning to any work, including the alternate job offered by the employer.
ARO Rejects Psychologist Restriction related to “No Return to Work with Accident Employer”
This ARO decision regarding a claim for presumptive Post Traumatic Stress Disorder (PTSD) for First Responders (Police) granted the employer’s appeal, in part. The ARO denied total disability and denied the conclusion that the worker was not fit to engage in any RTW activities. Most importantly, the ARO found that the restriction of ‘no RTW with the accident employer’ was not valid.
WSIAT Finds Worker NOT entitled to LOE Benefits or Work Transition Services following Termination that resulted from Enforcement of Collective Agreement Provisions
This Tribunal decision granted an Employer’s appeal of a 2018 ARO decision which allowed ongoing Loss of Earnings (LOE) benefits and Work Transition Services (WTS) after a worker was terminated pursuant to specific provisions of the collective agreement regarding absence notification.
WSIB Updates Policy regarding Form 7 Reporting Timelines
Effective September 29, 2023, the WSIB’s updated Operational Policy #15-01-02, Employers’ Initial Accident-Reporting Obligations, came into effect. The revised policy includes an update to reporting deadlines related to employers’ initial injury reporting obligations.
Worker not entitled to LOE benefits for period of disciplinary suspension during MW program
The Employer’s appeal of the allowance of Loss of Earnings (LOE) benefits during a period of disciplinary suspension was granted by the Tribunal. The case involved an electrical technician who was injured during an equipment repair activity due to failure to follow lock-out policy.
WSIAT Grants 75% SIEF Relief of Costs in Dermatitis Case after Repeated Denials by WSIB
An employer was successful in an appeal to the Tribunal for Secondary Injury Enhancement Fund (SIEF) relief of costs in allergic reaction injury (dermatitis) case.