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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 644 13
4/16/2013
B. Kalvin

  • Loss of earnings {LOE} (retirement) (early) (severance package)

The worker accepted an early retirement package after finding that she could not cope with the modified work offered by the employer. The Vice-Chair found that the work offered by the employer was not suitable. The compensable impairment was a significant factor in the worker's decision to retire. It was clear from the worker's testimony that she did not want to stop working but that she wanted to withdraw from a job that she was unable to manage. The Vice-Chair agreed with Decision No. 323/10, and found that the worker was entitled to LOE benefits after she stopped working for the accident employer and that severance benefits should not be factored into the calculation of the worker's LOE benefits since the severance benefits were not earnings from post-injury employment.