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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 2137 13
3/21/2014
C. Dempsey - B. Davis - A. Grande

  • Waiver (right to compensation) (Schedule 2 employer)
  • Loss of earnings {LOE} (retirement) (early)

The worker suffered a neck and shoulder injury in October 2006, for which she was granted a 23% NEL award. The worker appealed a decision of the Appeals Resolution Officer denying partial LOE benefits from March 2008 to November 2010. The worker entered into a leave agreement with the employer. This leave agreement was analogous to an early retirement. The Panel found that the worker accepted the leave agreement for reasons that were related to her compensable injury. Thus, the worker was entitled to partial LOE benefits during the period in question. The employer was a Schedule 2 employer. Under s. 63 of the WSIA, workers of Schedule 2 employers may, under very specific circumstances, agree to accept specified amounts in lieu of continuing entitlement, but only with the approval of the Board. The Panel found that such a waiver did not take place in this case. There was no evidence that the worker agreed to waive her benefits or that any agreement was approved by the Board. The worker was entitled to the partial LOE benefits during the period in question. The appeal was allowed.