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WSIA - Loss of Earnings (LOE) Benefits. Weiler v. Workplace Safety and Insurance Appeals Tribunal
In Weiler v. Workplace Safety and Insurance Appeals Tribunal (Ont Divisional Ct, 2025) the Divisional Court dismissed a JR, here against a WSIAT-denied "claim for [SS: full] loss of earnings (“LOE”) benefits under the Workplace Safety and Insurance Act".
Here the court canvasses the related WSIA 'loss of earnings' regime:Statutory Framework
[15] The Applicant’s LOE benefits are governed by s. 43 of the WSIA. The general formula is that a worker who suffers a loss of earnings as a result of workplace injury is entitled 85 per cent of the difference between their net average earning before the injury; and the net average earnings they earn or are able to earn in a suitable or available employment or business after the injury.
[16] The relevant provisions of s. 43 provide:Amount
(2) Subject to subsections (2.1), (2.2), (3) and (4), the amount of the payments is 85 per cent of the difference between,
(a) the worker’s net average earnings before the injury; and
(b) the net average earnings that the worker earns or is able to earn in suitable and available employment or business after the injury.
....
Earnings after injury
(4) The Board shall determine the worker’s earnings after the injury to be the earnings that the worker is able to earn from the employment or business that is suitable for the worker under section 42 and is available and,
(a) if the worker is provided with a labour market re-entry plan, the earnings shall be determined as of the date the worker completes the plan; or
(b) if the Board decides that the worker does not require a labour market re-entry plan, the earnings shall be determined as of the date the Board makes the decision. [Emphasis added.]
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