We are now in times of change at WSIB and unfortunately not good change for the average worker. Workers are being told that they can work, despite their doctors opinion. Workers are being told that they have recovered and their problems are related to pre-existing conditions, despite continuing to have symptoms they have never experienced before. Workers face long delays in the appeals process and face risk of bankruptcy.
If these sound like problems that you face- one thing that our experience over the years has taught us is to never give up. Be sure that you appeal the decisions you disagree with and seek professional assistance with your appeal. Despite all the changes at WSIB, there is still hope and success at the WSIB Appeals Branch and the Workplace Safety and Insurance Appeals Tribunal .
The WSIB Appeals Branch granted full loss of earnings benefits until age 65 to a worker retroactive to 2004. The Board initially determined that our client, a former health care aide, was able to return to work as a receptionist without typing or as a hostess. She suffered from a shoulder injury and had completed grade 12 but did not receive any other training from the Board. Her loss of earnings were based on the average earnings as a receptionist. We successfully argued that because of her age, lack of transferable skills and her injury that she was totally disabled.
Total Award: $ 72,000.00 approximately
Our client had suffered a wrist injury. He later developed psychological difficulties in coping with his injury. The Board denied benefits stating “Apart from the fact that it would be almost a historical first to have a major depression disorder arise from having a functional PI for a [left arm problem] the fact that there is extreme pain behaviour clearly documented with an entirely inappropriate clinical presentation by the worker precludes any consideration of psychological factors being as a result of the minor work injury or as being the responsibility of the claim.” On Appeal, he was granted initial entitlement and a NEL award. The reimbursement of lost time benefits is still to be determined.
In a CPP Disability case, our client suffers from tic dolereux a neuralgia. She was recently found to suffer a severe and prolonged disability and was granted retroactive benefits to 2002.