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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 1653 18
6/8/2018
R. Horne

  • Loss of earnings {LOE} (lay-off)
  • Loss of earnings {LOE} (wage loss)

The worker suffered a shoulder injury in October 2016, and performed modified work until he was laid off in November 2016. The Board did not pay benefits after November 2016, finding that the lay-off was not related to the compensable condition. The worker underwent compensable surgery in January 2017. The Board paid LOE benefits from January 2017 until the worker found alternate employment in March 2017. The employer appealed a decision of the Appeals Resolution Officer granting LOE benefits from January 2017 to March 2017.
The Vice-Chair agreed with Decision No. 3131/16, and found that the fact the worker was not earning any income at the time of the 2017 surgery did not mean that he had no loss of earnings but, rather, that he had an ongoing full loss of earnings relative to his pre-accident earnings. Pre-accident earnings remains the reference point for a loss of earnings resulting from a compensable accident. The shoulder surgery rendered the worker temporarily unable to perform any work and, therefore, he had a full loss of earnings flowing from the work injury. The worker was entitled to full LOE benefits during the acute recovery period from January 2017 to March 2017.
The appeal was dismissed.