- Availability for employment (refusing suitable work)
- Loss of earnings {LOE} (cooperation)
The worker appealed an ARO decision dated September 8, 2023, which denied loss of earnings (LOE) benefits from November 29, 2007.
The Vice-Chair denied the appeal.The Vice-Chair found that the worker's explanation for why he did not return to work and that he followed the doctor's advice, to not be reasonable in the circumstances, particularly noting the lengthy period of time he did not work and the fact that he removed himself from Ontario to his home country in 2008. By leaving the country, the worker removed himself from the medical rehabilitation process. He did not participate in health care measures that were recommended and approved for the treatment of his work-related condition. Even when he returned to Canada, the worker expressed an interest in attending the treatment but then he failed to attend the treatment program that was arranged for him.The Vice-Chair found that the worker was able to work in employment suitable to his restrictions. The employer had suitable work available and was willing to adjust its modified duties. The worker's loss of earnings was not a result of the compensable injury. Rather, it is due to the worker's decision to leave the country and to take up new employment of his choosing. There was no causal connection between the worker's loss of earnings and the work accident after November 29, 2007. The worker did not have entitlement to LOE benefits after November 29, 2007.