- Suitable employment (suitable for worker's capabilities)
- Loss of earnings {LOE} (eligibility) (impairment)
- Available employment (COVID-19 closure)
The worker was injured in January 2020 and received entitlement for sprain/strain injuries to her upper body. She worked modified hours until March 2020, then was off work from March 25 to July 26, 2020, due to employer closure from COVID-19 restrictions. The WSIB denied LOE benefits for this period, attributing absence to non-compensable medical issues. The worker appealed this decision.
The Vice-Chair denied the appeal.The worker was cooperative with medical treatment and work reintegration. She was performing modified work prior to employer closure and was not totally disabled. The Vice-Chair found no evidence that suitable modified work was unavailable due to the compensable injury during the closure. The worker initially worked modified hours with restrictions, had flare-ups requiring brief work stoppages, and underwent physiotherapy. After March 25, 2020, she was off work due to being immunocompromised amid COVID-19. The employer closed and did not recall her for modified duties during this period. The worker returned to work on July 26, 2020, with gradual increase in hours and duties. Contemporaneous evidence showed the layoff was due to her immunocompromised condition and COVID-19 risks.The Vice-Chair concluded the worker's absence from March 27 to July 26, 2020, was due to a non-compensable condition (immune deficiency), not the compensable work injury, and therefore denied LOE benefits for that period. The Vice-Chair found no failure by employer or WSIB to provide suitable modified work given the non-compensable reason for absence.