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Workers Safety and Insurance Board - 2012

Resolution Number: 200.20.30
Club: St. Catharines & Niagara Falls
Year: 2012
Status: Open

Background: A BPW Ontario member’s husband had an accident at work suffering a crushed kneecap in 2001. His injury was misdiagnosed by the physiotherapist causing further injuries to his other knee and spine. Their combined household income decreased to $2000 a month. The injured man’s WSIB rep changed 4 times. His MPP was of no assistance. Changes to WSIB meant that he had to submit supporting documentation more than once.
In frustration he hired a lawyer specializing in WSIB claims at a cost of 25% of the final claim payment. The claimant was heard at a WSIAT tribunal after his 65th birthday. Since he had been receiving OAS payments and his claim was over $60,000, the OAS payments stopped and had to be repaid before any reinstatement of OAS was heard. He submitted documentation from WSIB which stated that the payment was for monies which should have been received since the time of the injury (before his retirement). The OAS payments were reinstated due to intervention by their MP.
During this time, the BPW sister worked at a minimum wage job to pay the bills. The claimant’s injury was in 2001, the final claim was paid out in November 2010, and the OAS had to be paid back by July 2011. The claimant had a heart attack in February 2011 and was hospitalized for 3 weeks. This all could have been avoided if WSIB had resolved the claim before the claimant turned 64. European Foundation for the Improvement of Living and Working Conditions, Work-related Stress - Page 3, third line in the paragraph under the chart Figure 1 Model of causes and consequences of work-related stress (adapted from Kompier and Marcelissen, 1990) Women in the labour force, 50% of older women are working and the
payment of WSIB affects older working women who contribute or are the sole wage earner for the family. Table 4, Percentage of women and men employed by age, 1976 to 2009. The employment rate for women aged 25 to 44 dipped to 77.1%; for women 45 to 54 it fell to 77.3%, a decline of 0.9 percentage points for both. However, for women aged 55 to 64, the employment rate rose from 51.9% in 2008 to 53.1% in 2009.
www.eurofound.euro women in the labour market, table 4 WSIB Tables Health and Safety



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Article ID: 4366