Case Summary : Delay

No accident report

A worker’s lawyer contacted the Commission about a 10-month delay in making an initial entitlement decision. As a result of the delay the worker had to apply for welfare to support his family. The Commission noted that the employer had not filed a Form 7 until almost one year after the injury and had terminated the worker.

A Commission specialist wrote to the sector director. The commissioner and the specialist met with the vice presidents of service delivery and program development to discuss the effect of delays in initiating internal referrals for services as well as WSIB’s responsibility to make sure employers fulfill their obligations. The WSIB can fine employers for non-compliance.

The case was resolved when the WSIB made a decision on initial entitlement in writing and apologized to the worker for the delay. The WSIB found the employer had breached its re-employment obligations and determined that the worker was entitled to one year loss of earnings benefits and to a labour market re-entry assessment.

(August 2006)