- Availability for employment (refusing suitable work)
- Re-employment (termination)
The worker injured her right arm, right shoulder, upper back and neck on July 10, 2017. She returned to modified work but went off work as a result of her injury on September 4, 2018, providing a note from her family doctor that she was unfit for work and would be rechecked in three weeks. She did not return or contact the employer on September 25, 2018. On October 1, 2018, she was terminated. The employer appealed a decision of the Appeals Resolution Officer that it breached its obligation to re-employ the worker and the worker appealed the denial of LOE benefits from September 4 to 30, 2018.
The appeals were dismissed. The worker was not entitled to LOE benefits for the period of September 4 to 30, 2018, as the employer had suitable modified work available. The worker could not rely on her family doctor's note to stay off work as the note provided no detail or reasons why she could not do the modified work. Other medical evidence indicated that she could work with restrictions. The employer breached its obligation to re-employ the worker. The employer claimed that the worker was dismissed for failing to attend work for three days as per the collective agreement. However, the evidence indicated that the reason for the dismissal was the worker's injury claim. The employer was clearly frustrated with the worker and made no attempt to communicate with the worker at the end of the three week period. The finding that the employer had suitable modified work available during this period did not change this conclusion. A dismissal of a worker for less than optimal participation in the return to work process is still a dismissal related to the worker's injury and claim for benefits.