Successful WSIAT Appeal of WSIB Loss of Earnings Denial

Senior Associate Ramendeep Minhas secures a win at the Workplace Safety and Insurance Appeals Tribunal, restoring more than five years of benefits.

When the WSIB decides that an injured worker can go back to a "suitable" job, benefits can stop even when the worker cannot realistically do that job. That is what happened to our client. In Decision No. 574/26 (2026 ONWSIAT 1082), released September 22, 2026, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) overturned the Board's decision and awarded him full Loss of Earnings (LOE) benefits dating back to July 2021.

Background

Our client, a longtime worker in the construction trades, suffered a serious back injury on the job. The WSIB accepted his claim and recognized both a permanent physical impairment and related psychological conditions.

In 2021, the WSIB decided that a modified position with his employer was suitable and available at full hours, and ended his LOE benefits on that basis. The decision was upheld on internal appeal. The job, however, did not reflect the restrictions the Board itself had recognized, including the need for frequent breaks and position changes throughout the day.

The Appeal

Mr. Minhas represented the worker at a hearing before the Tribunal in 2026. The case focused on two questions: whether the modified job was genuinely suitable, and whether the worker was employable at all. The evidence showed ongoing pain, active treatment, and psychological symptoms that significantly limited his day-to-day functioning.

The Tribunal's Findings

The Vice-Chair allowed the appeal in full. The Tribunal found that the modified job was not suitable given the worker's restrictions, and that his physical and psychological impairments, taken together, left him unable to work in any capacity. The Vice-Chair found the worker's testimony forthright and convincing and concluded that he was unemployable.

The worker is entitled to full LOE benefits from July 2021 onwards, subject to statutory reviews. The nature and duration of further benefits now return to the WSIB for further adjudication.

Why This Decision Matters

This case illustrates a recurring problem in Ontario workers' compensation claims: a job can look suitable on paper and still be unworkable for the person expected to do it.

The Tribunal's reasoning shows the value of assessing a worker's impairments together rather than in isolation. Physical and psychological conditions can compound one another, and their combined effect may rule out work that each restriction alone might permit. The decision also illustrates that a sedentary job is not automatically a suitable one. The Tribunal also noted that, under WSIB policy, a dispute over job suitability is not an act of non-co-operation.

Has the WSIB Cut Off Your Benefits?

If the WSIB has found you fit for a job you cannot realistically perform, or has ended your Loss of Earnings benefits, you may have grounds to appeal. Appeals have strict deadlines, so getting advice early matters.

Contact Taylor Mergui to speak with us about your claim.

Past results do not guarantee future outcomes. Every case depends on its own facts.