TCI WORKERS COMPENSATION LEGAL SERVICES
Representing Injured Workers in Ontario Since 1994
WSIB - WSIAT - CPP DISABILITY
APPEAL REPRESENTATION
NOTEWORTHY DECISIONS
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TIME LIMIT EXTENSION
Extension Granted!
A worker was denied the ability to appeal decisions of the WSIB that limited his loss of earnings despite the WSIB retroactively expanding entitlement to include a psychiatric impairment citing he breached the statutory limitation periods in place.
Our appeal was allowed in large part on the arguments I advanced for the worker, cited in detail by the Vice-Chair in the decision.
SURVIVOR BENEFITS - WORKER DIED IN RUSSIA
The Estate Was Awarded Survivor Benefits
This case involved a worker with an approved occupational Asthma. He passed away in Russia. The estate was denied coverage when he died out of the country on the basis that the WSIB could not establish a significant link between his approved condition and his death.
My angle of approach was that the case, on balance, met the "significant contribution" test in accepted WSIAT jurisprudence.
Key witness statements I was able to obtain from witnesses in Russia, along with the widow's testimony and the ambulance/hospital records helped the appeal meet that standard and get the estate what they deserved.
TOTAL DISABILITY VS UNEMPLOYABLE
The worker was not "totally disabled but instead deemed "Competitively Unemployable"
Workers in Ontario need not be "totally disabled" medically in order to be entitled to full wage loss benefits on an ongoing basis from the WSIB.
The concept of being deemed "competitively unemployable" has long been established in WSIAT jurisprudence (not fully endorsed still by the WSIB). It was my approach in seeking full wage loss benefits in this injured worker's successful Appeal.
THE WSIB FAILED THE WORKER
Full Wage Loss Supplement awarded under the Pre-1990 legislation!
The WSIB had closed this worker's benefits in 1994. The adjudication of this case fell under the auspices of the pre-1990 legislation. The WSIB's position was that they had provided the worker with extensive vocational rehabilitation for him to earn income on his own, notwithstanding his permanent disability.
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I was able to have this decision overturned at WSIAT arguing that it was the WSIB that failed the worker, not the other way around.
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It was argued that the worker might not have been totally disabled, but was "competitively unemployable"
Do you need representation? CALL US TODAY. 905-660-1577
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Specializing in Representing Injured Workers
WSIB & WSIAT APPEALS