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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 650 15
5/19/2015
J. Moore

  • Loss of earnings {LOE} (deemed earnings)
  • Board Directives and Guidelines (LOE) (worker earning at time of determination) (under-employment)

A SEB as a teacher was identified for an injured worker. The worker completed the training but unable to find a full-time position as a teacher, so he accepted a position as an occasional teacher.
The Vice-Chair found that the worker was entitled to LOE benefits based on his actual earnings. He was employed within the SEB, and was not under-employed within the meaning of Board policy.