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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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Highlights of Noteworthy Decisions

  Decision 666 13
S. Clement - M. Christie - F. Jackson

  • Loss of earnings {LOE} (review) (final)
  • Board Directives and Guidelines (LOE) (worker not earning at time of determination)

A computer technician suffered a low back injury, for which he was granted a 17% NEL award. The worker participated in an LMR program with a SEB as a computer network technician. On completion of the program, the Board conducted a final LOE review and based benefits on mid-range wages. The worker appealed.
The Panel compared the HRSDC descriptions for an electronic service technician (the type of work performed pre-accident) and for a computer network technician (the type of work for which the worker trained). There was a clear distinction between the skills required for the two positions. Board policy provides for use of updated entry level wages where an LMR plan was designed to provide a worker with new skills. The Panel was satisfied that the worker's LMR plan did not merely improve his existing or transferable job skills but, rather, that it provided the worker with new skills.
The worker was entitled to LOE benefits at the final review based on updated entry level earnings. The appeal was allowed.