- Loss of earnings {LOE} (lay-off) (short-term)
The issue under appeal was whether the worker was entitled to LOE benefits for a temporary work disruption from December 1, 2022 to December 15, 2022.
The Vice-Chair allowed the appeal.Policy 15-06-02, "Entitlement Following Temporary Work Disruptions", sets out that the WSIB generally maintains the LOE benefits the worker was receiving at the start of a temporary work disruption. The worker did not find alternative employment through his union hall as an electrician during the temporary layoff period in December 2022. This was due to the compensable injury and the related restrictions, which meant that the worker required modified work duties. The union hiring hall is the general labour market for an electrician, and the normal process for an electrician on layoff would be to go back to the union hiring hall to obtain employment.Prior Tribunal decisions have recognized the union's exclusive jurisdiction in providing employment for electricians who are hired according to their position on the out of work list, which is impacted by the functional limitations (see Decision No. 669/21). The worker would have required significant accommodations, and it is likely why the worker was not able to secure alternative employment with another employer given his needed accommodations at the time.The worker's loss of earnings was not related to his employment situation or layoff, but was as a result of his compensable lumbar spine injury of November 15, 2022. The worker was entitled to full LOE benefits during the temporary layoff period.