(416) 222-2213Understanding Injured Workers' Rights with LOE Benefits: Navigating Fair Compensation Rates of Worker's Loss of Earnings with Confidence
Summary of Decision No. 1666/23R: A Victory for Fair Compensation of LOE benefits Following Occupational Asthma Diagnosis Due to Exposure to Isocyanates
The recent reconsideration of Decision No.1666/23 marks a significant step forward in ensuring fair compensation for workers. The core issue revolved around the long-term recalculation of the worker's Loss of Earnings (LOE) benefits following an occupational asthma diagnosis due to exposure to isocyanates.
The WSIB initially set the worker's LOE entitlement based on short-term pre-injury earnings, which did not account for the worker's long-term earnings pattern. Despite the worker's request for a recalculation based on his earnings from the year prior to the accident, the WSIB denied this, citing insufficient evidence of entitlement to LOE benefits for the 12 weeks following the accident.
In Decision No. 1666/23, the worker appealed from the WSIB'S decision and sought a determination that his LOE entitlement should be based on a long-term pre-injury earnings rate calculated as of February 24, 2015.The worker’s appeal was denied by Vice-Chair Dimovski in Decision No. 1666/23. The disposition of the worker’s appeal indicates that the worker’s long-term earnings calculation as determined by the WSIB was confirmed.
The worker sought a reconsideration of Decision No. 1666/23, leading to the issuance of Decision No. 1666/23R by Vice-Chair Dee. In this decision, Vice-Chair Dee identified that the original ruling failed to adequately address the fairness of the earnings calculation. Additionally, it did not properly apply established Tribunal case law or accurately implement the relevant WSIB policy. Vice-Chair Dee concluded that the worker's short-term earnings profile did not accurately reflect his long-term earnings, resulting in an unfair calculation of Loss of Earnings (LOE) benefits and determined that the worker is entitled to a recalculation of his pre-injury earnings to more accurately reflect his long-term average earnings. This recalibration significantly influences the determination of his LOE entitlement. This decision highlights the critical importance of ensuring that compensation accurately reflects a worker's true earnings potential, especially in cases involving voluntary overtime and other contributing factors.
This case underscores the vital importance of having skilled legal representation when dealing with the complexities of WSIB claims. It is essential to ensure that workers receive the full benefits they are entitled to. At RCR Legal Services Professional Corporation, we are committed to fighting for equitable outcomes for injured workers. We utilize our extensive expertise to contest unjust decisions and secure the compensation our clients rightfully deserve.