- Availability for employment (medical authorization)
- Travel expenses (to work)
- Loss of earnings {LOE} (level of benefits) (hours of work)
The issues under appeal were: a) the quantum of the worker's Loss of Earnings (LOE) benefits from June 9, 2019 to June 23, 2019; and, b) entitlement to reimbursement for travel expenses to and from work from December 21, 2021 onwards.
The Panel allowed the appeal, in part.The Panel found that the worker was entitled to partial LOE benefits from June 9, 2019 to June 23, 2019 as she sustained a loss of earnings due to her compensable left shoulder injury under section 43(1) of the WSIA. The Panel considered whether it was reasonable for the worker to follow the recommendation of her physiotherapist, who advised that the worker should not perform modified work at eight hours per day from June 9, 2019 to June 23, 2019 to facilitate further medical recovery. The Panel concluded that the worker's medical condition was such that she was unable to perform the modified work at full hours as she needed additional rehabilitation to lessen the swelling and pain of the compensable left shoulder, in order to achieve full hours. It was therefore reasonable for the worker to rely on the physiotherapist's advice and for her to remain working at six hours per day from June 9, 2019 to June 23, 2019. The Panel found that the worker did not have entitlement to reimbursement of her travel expenses from December 21, 2021 ongoing. OPM Document No. 17-01-09 states the following: "The WSIB pays all reasonable expenses incurred when, on the direction or approval of the WSIB, a worker, or another person designated by the WSIB, must travel in relation to a claim." The worker did not dispute the suitability of the modified work duties offered to her at the resident home located 40 kilometers from her home; however, she requested entitlement to the driving expenses associated with the farther work location. The Panel noted that Tribunal jurisprudence generally does not allow for reimbursement for travel to and from work (see Decision No. 3103/17). The worker, in commuting to and from work, was not "on direction or approval of the WSIB, ...[travelling] in relation to a claim" as contemplated by the Board's policy document. The worker was not travelling in the context of an LMR or WT assessment or plan. The worker did not have prior approval from the Board for these expenses.