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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 3126 17
2/15/2018
S. Hodis

  • Earnings basis (overtime)

The employer appealed a decision of the Appeals Resolution Officer regarding the earnings basis for calculation of the worker's short-term and long-term benefits.
The worker worked mandatory overtime in three of the four weeks prior to the accident. The Board included the overtime in both the short-term and long-term earnings basis.
The employer submitted that the overtime should not be included because the worker did not work overtime in each of the four weeks prior to the accident. However, the Vice-Chair noted that Board policy states that mandatory overtime is included in the short-term earnings basis, and that the amount of overtime included is the average amount of overtime worked in the four weeks before the injury. By contrast, voluntary overtime is not included in the short-term earnings basis if the worker did not work overtime in each of the four weeks prior to the injury. Board policy also states that the long-term earnings basis for workers in permanent employment is generally the same as the short-term earnings basis.
The Board correctly included the average overtime worked by the worker in the four weeks prior to the accident in the worker's short-term and long-term earnings basis. The appeal was dismissed.