- Loss of earnings {LOE} (review) (after seventy-two months)
- Loss of earnings {LOE} (employability)
- Suitable occupation
- Work transition plan (adequacy of program)
The worker had a total NEL benefit of 36% for his psychotraumatic and left/right shoulder impairments. The issues under appeal were: a) suitability of the Suitable Occupation (SO) of Customer Service Representative (NOC 6552); and, b) the quantum of LOE benefits from May 17, 2021, the final review date determined by the WSIB to age 65, including a request to find the worker competitively unemployable.
The Vice-Chair allowed the appeal, in part.The Vice-Chair found that the identified SO of Customer Service Representative was not suitable. As such, the worker's Work Transition Services were inadequate, including the job placement service/job search portions, and thus incomplete, at the time services were closed. WSIAT jurisprudence has determined that an inadequate WT plan is effectively an incomplete WT plan (see Decision No. 103/14). The worker was entitled to a new WT assessment. As the worker's WT program was incomplete, section 44(2.1)(b) of the WSIA was applicable, which provides that the WSIB may review the LOE payments more than 72 months after the date of injury if the worker was provided with a labour market re-entry plan and the plan is not completed when the 72-month period expires. The Vice-Chair found it unlikely that the worker would be able to find suitable and sustainable work without further assistance from the WSIB. The Vice-Chair found that the worker was entitled to full LOE benefits from May 17, 2021 until the date of the new WT assessment. The worker's entitlement to benefits after the WT assessment was remitted back to the WSIB for determination, subject to the usual rights of appeal.