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Established in 1985, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) is the final level of appeal to which workers and employers may bring disputes concerning workplace safety and insurance matters in Ontario. WSIAT has always been separate from and independent of the Workplace Safety and Insurance Board.

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  Decision 371 15
3/20/2015
B. Alexander

  • Suitable employment
  • Availability for employment (medical authorization)

The worker suffered a shoulder injury on March 27, 2011. The worker appealed a decision of the Appeals Resolution Officer denying LOE benefits from March 28, 2011, to May 9, 2011.
The employer offered modified work to the worker on March 28. The worker saw his family doctor on the same day but did not show the offer to the doctor. The doctor reported that the worker had specific physical limitations resulting from the injury and would be off work for at least two weeks.
The Vice-Chair found that the worker was capable of performing the modified work offered by the employer at no wage loss. The doctor's report set out the worker's medical restrictions. The work offered by the employer was within those restrictions. It was reasonable to assume that, if modified work was provided to the worker that was within the restrictions, the doctor would have agreed that the worker could return to work. However, the worker did not show the offer to the doctor. The Vice-Chair was of the view that the worker made up his mind that he was not going to return to the modified work under any circumstances.
The worker was not entitled to LOE benefits during the period in question. The appeal was dismissed.