Decisions

In a recent decision from the W.S.I.A.T Our client who was involved in a motor vehicle accident while chauffering clients. Was awarded Retroactive loss of earnings benefits dating back to January 2001. Entitlement was also granted for PTSD (Post Traumatic Stress Disorder), which the client's family lawyer also confirmed, and a permanent impairment award of 42%. The worker was also given entitlement to LMR (Retraining services to help re-enter the workforce).

In another recent decision from W.S.I.A.T our client who had suffered a construction injury severing part of his hand with a skillsaw, was awarded a 35% Non ecomomic loss award for the physical injury and an additional 60% Non economic loss award for Post Traumatic Stress Disorder. Full Loss of earnings arrears were paid to 2004 and the worker is now in a 3 year LMR retraining program in college.

In a recent appeals decision our client was awarded retroactive Loss Of Earnings benefits dating back to 2003 after the WSIB decision to deny him benefits was overturned on appeal. The employer had offered employment to the worker after the injury but the worker refused as he did not own a vehicle and the job required a vehicle. The decision ruled that a vehicle was a required “Tool” for this job and that the worker not owning a vehicle had not been offered “Suitable” employment.

In 3 recent appeals decisions we have been succesful in overturning decisions in regard to (SEB) options. Suitable Employment or Business is the term used by WSIB when retraining worker's to re-enter the workforce. Since the implementation of Bill 187 on July 1-2007 the WSIB now has to take into account not only whether a job is “suitable” and within a worker’s restrictions but also if the job is “available” in the workers geographic area.

In all 3 cases the worker’s lived in Northern areas with very few job prospects, and in all 3 cases the worker’s have been allowed full loss of earnings to age 65 as there is no suitable work “Available” where they live.

In another Decision the W.S.I.A.T Ruled in favour of our client, a Nurse who suffered a back injury lifting a patient. The WSIB retrained the worker to work in customer service and ruled that she was capable of working 12 hours a week. Her loss of earnings was based on the 12 hours per week. The decision ruled that it was “Unreasonable” to assume that an employer would hire the worker to work 2 hours a day. Our client was paid retroactive benefits to 1999 and ongoing.

A recent appeals decision involving our client also a health care worker ruled that the worker did in fact develop "Fibromyalgia" as a result of a 2001 back injury. The worker never returned to the workforce and we succesfully appealed her case to Canada Pension Disability in 2006 in which she was awarded CPP disability benefits. Subsequently our WSIB appeals ruling allowed her 100% FEL benefits retroactive to 2001. In addition the worker was awarded a 52% NEL benefit for Fibromyalgia.