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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 70 16
4/27/2016
R. McCutcheon

  • Future economic loss {FEL} (review) (after sixty months)

The worker suffered a right shoulder injury in 1991, for which he was granted a 5% NEL award. In Decision No. 2532/08, the Tribunal denied entitlement for other conditions. In June 2012, the Board increased the NEL award, with a permanent worsening date in 2010. The worker now appealed a decision of the Appeals Resolution Officer finding that selected occupations were appropriate for the worker and that the worker was not entitled to an increase in FEL benefits as a result of the significant deterioration of his condition. The Vice-Chair found that the selected occupations were not suitable for the worker as of the date of deterioration of his condition and that the worker was no longer employable. Section 44(2.1)(e) of the WSIA allows review of FEL benefits after R2 if a worker suffers a significant deterioration that is likely to result in a redetermination of the degree of permanent impairment. In such a case, s. 44(2.4.2) provides that the Board may review the payments during the period that begins on the day the Board determines that the significant deterioration is likely to result in a redetermination of the degree of permanent impairment and ends on the day it make the redetermination or determines that no redetermination will be made. Pursuant to these provisions, the Vice-Chair found that the worker was entitled to full FEL benefits as of the permanent worsening date in 2010. However, that increase ends on the date of the NEL redetermination in 2012. Section 44(2.1)(d) allows review of FEL benefits after R2 if a worker suffers a deterioration that results in a determination of permanent impairment. In such a case, s. 44(2.4.1) provides that the Board may review the payments within 24 months after the date on which the Board determines the degree of permanent impairment. Pursuant to these provisions, the worker was entitled to continuation of full FEL benefits to age 65. The appeal was allowed.