News Manuals, Programs and Procedures Online Training In-House Training Safety Products Links Contact Us
Injury Prevention Medical Management WSIB - WCB Insurance WSIB/WCB and Benefit Insurance Claims Management Consulting Advocacy Services Labour Management Workplace Safety Training and Education
Blog Admin        

July. 2022
January. 2022
December. 2021
November. 2021
September. 2021
August. 2021
July. 2021
June. 2021
May. 2021
April. 2021
February. 2021
December. 2020
November. 2020
October. 2020
July. 2020
June. 2020
May. 2020
March. 2020
February. 2020
April. 2019
June. 2017
July. 2016
June. 2016
February. 2016
July. 2015
March. 2014
June. 2013
May. 2013
September. 2012
August. 2012
June. 2012
April. 2012
March. 2012
February. 2012
January. 2012
September. 2011
March. 2011
December. 2010
November. 2010
August. 2010
April. 2010
March. 2010
February. 2010
January. 2010
November. 2009
July. 2009
June. 2009
May. 2009
March. 2009
February. 2009
September. 2008
August. 2008
July. 2008
April. 2008
March. 2008
February. 2008
January. 2008
December. 2007
October. 2007
September. 2007
August. 2007
July. 2007
June. 2007
May. 2007
April. 2007
January. 2007

Monday, July 28, 2008 at 2:35:36 PM

The worker in this case claimed not to be able to work from back and shoulder injuries he claims were work related.

The employer received medical note information from the workers doctor – telling employee must stay off work.

The employer requested a Functional Abilities Form to be completed by the doctor setting out the workers restriction as to what the worker can do:

1. The doctor provided the “FAF” clearly setting out the worker was totally unfit to work. In fact, based on this information the worker should be lying down in bed.

Up to this time the Claims Adjudicator agrees the worker cannot work.

The employer makes the decision to hire an investigator to carry out surveillance on this worker and does.

1. The employer finds on the first day of investigation the worker is driving and walking without any restrictions.

2. What is the second thing the worker is doing under surveillance? Worker is found to be able to drive and ride on mower cutting 4 to 5 acres of bush over very uneven ground rolling from side to side bumping up and down using his back and shoulders.

After videos were shown to WSIB Claims Adjudicator he/she could not believe it, but the worker can now do modified work, not regular work but modified work. After my client has spent $10,500.00 dollars to help the WSIB Claims Adjudicator make a decision and still the WSIB Claims Adjudicator is supporting the worker. In our opinion, this is a case where the Claims Adjudicator clearly is shown a material change and the benefits should have been stopped, worker should have been sent back to his regular job and WSIB should recover all the benefits paid out to the worker.

This is just one of many WSIB claims that employers in Ontario have to deal with every day with large financial losses due to documented misleading and dishonest information provided by worker and doctor.

This factual scenario is not intended to paint the entire workforce with the same brush, but simply an example of the other side of the story from the employer’s perspective.

When a worker is injured, whether a minor injury or a serious injury, the employer’s first concern is to the workers well being, but to take advantage of the system in place to protect the worker does nothing but impede the employers ability to ensure a fair and just process of prevention and recovery.