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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 2562 15
12/21/2015
L. Petrykowski - E. Tracey - K. Hoskin

  • Loss of earnings {LOE} (older worker)
  • Work transition plan (older worker)
  • Board Directives and Guidelines (work transition plan) (older worker)

The worker suffered multiple injuries in 2010, for which he was granted a 38% NEL award. The Board based LOE benefits on deemed earnings in the identified SO. The worker appealed.
The Board offered the worker the option of participating in the work transition plan aimed at achieving the SO, or the older worker option of a 12-month plan focused on self-directed activity to achieve the SO with the irrevocable no-review LOE benefits to age 65 based on earnings in the SO.
The worker chose the older worker option but did nothing to advance his re-integration into employment over the 12-month period. Correspondence from the Board regarding the older worker option was clear and there was no suggestion that the worker did not understand the agreement into which he entered. The Panel distinguished Decision No. 2046/14, in which the identified SO was found to be unsuitable.
The Panel confirmed the LOE benefits as determined by the Board based on earnings in the SO. The appeal was dismissed.