Highlights of Noteworthy Decisions

Decision 865 13
W. Sutton - B. Wheeler - R. Briggs
  • Loss of earnings {LOE} (lay-off) (strike)

The worker suffered a knee injury on May 14, 2009, although the claim was not accepted until August 2009. The worker appealed a decision of the Appeals Resolution Officer denying LOE benefits during a strike from July 22, 2009, until July 31, 2009.

Board policy generally provides for maintaining benefit status during a strike. However, the Panel found that the worker was entitled to LOE benefits during the strike even though he was not in receipt of LOE benefits at the time of the strike. When the worker was assessed in September 2009, it was determined that his ability to work was not sustainable. If the claim had been acknowledged without delay, meniscal tears would have been identified, he would have been treated and it would have been recommended that he remain off work.
The Panel was satisfied that the worker could not have worked during the strike period. He was entitled to LOE benefits. The appeal was allowed.