NOTEWORTHY DECISIONS
Please see the following sample of some of our notable decisions that have been obtained over the years for WSIB appeals at the Workplace Safety & Insurance Appeals Tribunal (WSIAT). We have obtained many more successful decisions at WSIAT. We have also had many successful decisions from WSIB Case Managers and Adjudicators, and have won numerous appeals at the WSIB Appeals Branch. In addition, we have helped hundreds of clients obtain CPP Disability and ODSP benefits through applications and appeals. Some of Our WSIAT Decisions- The worker had already gone to WSIAT and her appeal was denied. After retaining D&R Disability Legal Services, a reconsideration hearing was conducted and the request for reconsideration was allowed. Another WSIAT hearing was then scheduled. After the 2nd WSIAT hearing, WSIAT agreed to change their decision and the worker’s entire appeal was allowed, including a permanent impairment to the right knee and a FEL award.
- D&R Disability Legal Services was able to win this appeal and the worker was granted entitlement to permanent impairments for the low back & depression, and also recieved NEL & FEL awards.
- After participating in the WSIAT mediation process with the employer, the worker’s appeal was allowed and the worker was given entitlement to a low back injury, LOE benefits, PD pension award and healthcare benefits.
- The worker had missed the deadline to file an appeal with WSIAT. After retaining D&R Disability Legal Services, a time extension application was submitted and the worker was granted an extension of time to file a late appeal.
- This appeal was allowed and the worker was granted entitlement for Raynaud’s Phenomenon and a NEL award.
- D&R Disability Legal Services was able to get this appeal allowed and the worker was granted entitlement for her Fibromyalgia condition (also known as Chronic Pain Disability) as well as LOE benefits.
- This appeal was allowed and the worker was granted entitlement to Chronic Pain Disability, LOE benefits, FEL benefits and a NEL award.
- The worker had a pension award for his work-related psychological condition. D&R Disability Legal Services was able to double the size of the worker’s pension award from 30% to 60%.
- This decision granted the worker’s appeal and provided him with entitlement to a Chronic Pain Disability and LOE benefits.
- WSIAT allowed this appeal and granted the worker a re-aggravation of his back condition, LOE benefits, healthcare benefits and a permanent disability award.
- In this case, WSIB had stated that the worker was a non-permanent employee. Due to specific WSIB policy and the worker’s long-term earnings history, this resulted in his weekly LOE benefits being reduced from $756/week to $296/week. Due to the efforts of D&R Disability Legal Services, WSIAT made a final decision that the worker was a permanent employee and that his LOE benefits should have never been reduced.
- The worker’s appeal was allowed and he was grated entitlement to a herniated disc, LOE benefits and a NEL award.
- WSIAT allowed this appeal and granted the worker an increase to his NEL awards for the neck and shoulder, and also granted initial entitlement and a NEL award for the worker’s psychological condition. Finally, the worker was also granted LOE benefits.
- In this case, the worker’s initial WSIB claim was allowed. WSIB then forced the worker to go back to school and re-train for a new career as a Parking Lot Attendant. After the worker’s WSIB training program was over, they reduced his LOE benefits by an amount equal to the average wages of a Parking Lot Attendant. Following the appeal by D&R Disability Legal Services, WSIAT made a decision that the Parking Lot Attendant job was not suitable for the worker, and they restored the worker’s full LOE benefits. Furthermore, D&R Disability Legal Services also obtained initial entitlement and a NEL award for the worker’s psychological condition.
- With this appeal, WSIAT allowed entitlement for the worker’s shoulder injury and for Fibromyalgia. WSIAT also agreed that the jobs of material handler and hand packer were not suitable, and awarded the worker with FEL and NEL benefits.
- D&R Disability Legal Services was able to win this appeal and obtain full FEL benefits for this worker.
- This worker’s initial WSIB claim was allowed. WSIB forced the worker to participate in a retraining program to start a new career as an Auto Body Repair Estimator. Following completion of WSIB’s retraining program, the worker’s LOE benefits were slashed signifcantly. When the worker was employed, his earnings were $26.47 an hour. Although the worker remained disabled, WSIB decided he was now qualified and able to work full-time as an Auto Body Repair Estimator, and they reduced the worker’s LOE benefits by $26.07 an hour, which was the average wage of this occupation. Although the worker could not return to work, WSIB reduced LOE benefits to 40 cents an hour. Following the appeal by D&R Disability Legal Services, WSIAT agreed that this occupation was not suitable for the worker, and restored his Full LOE benefits.
- The worker’s appeal was allowed and WSIAT agreed that the worker was unemployable. Full FEL benefits were awarded.
