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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 1706 13
9/27/2013
S. Netten - E. Tracey - M. Ferrari

  • Labour market re-entry {LMR} (suitability of program)
  • Labour market re-entry {LMR} (consultation)

The worker, a mechanic, suffered a neck and elbow injury in 2008, for which he was granted a 39% NEL award. The Board identified a SEB in other elemental service occupations and based LOE benefits on deemed earnings in the SEB. The worker appealed, claiming that the SEB was not appropriate. Section 42(5) of the WSIA and Board Operational Policy Manual, Document No. 19-03-03, require that the Board take the worker's views into consideration but they do not require that the Board follow the worker's wishes or that the worker agree with the selected SEB. In this case, the LMR plan was prepared in consultation with the worker. The SEB in other elemental service occupations was selected in light of the worker's refusal to entertain academic or computer upgrading, and following consultation with the worker. The SEB was consistent with his transferable skills and functional abilities. It was both suitable and available. The Board correctly based LOE benefits on deemed earnings in the SEB. The appeal was dismissed.