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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 342 17
2/12/2018
S. Netten

  • Earnings basis (long-term)
  • Earnings basis (bonus)

The worker suffered a compensable injury in April 2006. She continued to work until the employer was no longer able to employ her in July 2011, due to a plant closure. The Board paid benefits at the short-term rate starting in July 2011. The worker appealed a decision of the Appeals Resolution Officer regarding the earnings basis for long-term benefits starting in October 2011.
The Board based long-term benefits on the worker's earnings in the 12 months preceding the lay-off. However, the Board did not include a $31,000 bonus received by the worker in October 2010.
The payment was referred to as a one-time performance bonus. However, in fact, it was not a performance bonus. Of the $31,000 total, $5,000 was to settle a pension grievance and $26,000 was to reward senior employees on ratification of a new collective agreement.
Board policy provides for inclusion of production bonuses for achieving production quotas in the long-term earnings basis. There is no provision for inclusion of bonuses such as the bonus received by the worker in this case.
The appeal was dismissed.