- Suitable occupation
- Work transition plan (suitability of program)
The worker sustained a slip and fall at work, injuring her right elbow, leading to a permanent impairment and an 8% non-economic loss (NEL) award. The worker's injuries and restrictions prevented her from performing her farm labourer pre-injury duties. The issue under appeal was the suitability of the Suitable Occupation (SO) of retail salesperson (NOC 6421) and the return to work (RTW) plan.
The Panel allowed the appeal, in part.Due to COVID-19, the WSIB was unable to offer in-person training at material times in 2021. As a worker with minimal education, English and computer skills, who mainly performed manual labour until her compensable accident, the worker was poorly equipped for the transition to online activity, such as literacy training, using computers and technology. Given the worker's computer illiteracy and her dependence on having her son remain at her rural home during training sessions, the worker faced a legitimate barrier to attending the online classes. This resulted in the worker's inability to continue the training from the RTW Plan at the time, as the training was only available online. These barriers were made worse through the worker's rural isolation and her English language deficits. The primary reason that the worker stopped her training was due to barriers with the online training that did not accommodate her personal characteristics.Therefore, while the SO was considered suitable, the Return to Work services retraining for the SO offered to the worker was not suitable or sufficient to prepare her to work in the SO, and the worker could not be expected to obtain work in the SO without the necessary and appropriate training. The WSIB was directed to provide the worker with a new RTW Plan with in-person training for the SO of Retail Salesperson. The Panel did not assume jurisdiction over the issue of whether the worker should have entitlement for full rather than partial LOE benefits from 2021, since the WSIB has not had the opportunity to specifically adjudicate that matter. The worker is at liberty to raise that matter with the WSIB.