- Loss of earnings {LOE} (attending treatment)
- Benefits (working illegally in Canada)
- Loss of earnings {LOE} (deemed earnings) (relocation) (out of province)
The issue under appeal was whether the worker had entitlement to Loss of Earning (LOE) benefits beyond September 30, 2020. The worker had been employed as a tile setter with the employer for just over three years when, on September 10, 2020, he sustained a laceration to his left thigh while operating a saw. The worker was working illegally in Canada at the time of the incident on September 10, 2020, and left Canada on or about September 30, 2020, allegedly without first advising the Board.
The appeal was allowed, in part. OPM Document No. 15-06-07, "Leaving the Province/Country, January 2, 2015," sets out the circumstances in which a worker who leaves the country can minimize the possibility of an interruption in benefits. If a worker leaves Ontario without notifying the WSIB, payments may be suspended and the claim file could be closed. Past Tribunal decisions have established that the fact that a worker is working illegally in Canada does not disentitle the worker to benefits coverage under the WSIA (see Decision No. 1896/15). The worker also testified that he was forced to leave Canada and return to Poland because he was there illegally and did not have access to medical care through OHIP, or any means to support himself and obtain treatment for what was a serious injury to his left thigh. The Vice-Chair found that the worker made satisfactory efforts to notify the Board of his departure from Ontario.The Vice-Chair concluded, on a balance of probabilities, that the worker was unable to work between September 30, 2020 through April 26, 2021 and, accordingly, was entitled to full LOE benefits during this period. The worker was entitled to partial LOE benefits based on a Suitable Occupation (SO) that is available with no training from April 27, 2021 onwards. The worker had sought medical attention upon arriving in Poland within a reasonable period of time and continued to receive medical care after returning to Poland, which supported his inability to work through to April 26, 2021. The worker continued to have an impairment as a result of his compensable workplace injury, and as such, was experiencing a wage loss due to his work-related injury. However, it was determined that the worker was capable of doing some sort of work other than his pre-accident position of a tiler. After April 26, 2021, the worker was not engaged in reasonable efforts to re-employ himself, nor was he involved in active health care treatment. Accordingly, the worker was entitled to partial LOE benefits based on a suitable occupation (SO) with no training as of April 27, 2021. The Board was directed to determine the appropriate SO.