Highlights of Noteworthy Decisions

Decision 375 15
J. Smith
  • Re-employment (non-compliance) (payments) (duration)
  • Re-employment (termination)

The worker suffered a left ankle injury in November 2010. He returned to work after one week. The employer terminated his employment in December 2010. The worker appealed a decision of the Appeals Resolution Officer finding that the employer had not breached its re-employment obligations and that the worker was not entitled to payments under s. 41(13)(b) of the WSIA for one year.

A record of disciplinary proceedings leading up to the termination of the worker's employment resulted primarily from the employer's unwillingness to accommodate the worker and failure to assign to the worker duties that were within his medical restrictions. The Vice-Chair concluded that the termination was related to the work-related injury. Thus, the employer did breach its re-employment obligations to the worker.
Section 43(13)(b) allows for payments to the worker equivalent to LOE benefits for a maximum of one year. However, Board Operational Policy Manual, Document No. 19-02-02, on responsibilities of the workplace parties in work reintegration, provides that re-employment payments are issued for up to one year, if the worker has not returned to work with another employer. In this case, the worker returned to work with another employer in March 2011. Accordingly, the Vice-Chair found that the worker was entitled to payments under s. 41(13)(b) from December 2010 to March 2011.
The appeal was allowed in part.