Скачать или смотреть Episode #16 RTW with the Accident Employer

Episode #16 – Richard, and Paul, discuss the topic “Return to work with Accident Employer”

In this episode, Richard, and Paul discuss the legal concerns when the WSIB refuses to follow the medical advice of family doctors. Within this episode several decisions of the Workplace Safety and Insurance Appeals Tribunal (WSIAT) are referenced. The legal citation of each decision has been listed, along with a link to the decision itself. Additionally, other reference materials have also been cited below.

Decision No. 609/24, 2024 ONWSIAT 1198 (CanLII), https://canlii.ca/t/k7935

Decision No. 1497/23, 2025 ONWSIAT 222 (CanLII), https://canlii.ca/t/kbr6n
In this decision Richard raises a very good point about the expert opinions of family doctors. That as long as the advise of the family doctor is reasonable, then it is to be followed by the worker, employer, and most of all the WSIB.

Decision No. 1254/24, 2024 ONWSIAT 1971 (CanLII), https://canlii.ca/t/k9w89
In this decision Richard points out that a family doctor’s diagnosis was acceptable by the WSIAT even though it was a psychiatry disability. Richard points out that the wait times to see a psychiatrist is very long – 8 months or more. That as such a Family Doctor’s diagnosis is and must be good enough for the WSIB. Richard also raises another important point of the number of people who do not have family doctors.

Decision No. 1293/22, 2023 ONWSIAT 239 (CanLII), https://canlii.ca/t/jwkf8
In this decision Richard says that the WSIAT states that a family doctor should provide some reasoning, when the worker is to remain off work.

Paul references the Functional Abilities Form (FAF) and the three options for a doctor to choose when completely the FAF for an injured worker.
1. Patient is capable of returning to work with no restrictions
2. Patient is capable of returning to work with restrictions and asks the doctor to “complete sections E and F.”
3. Patient is physically unable to return to work at this time. It asks the Doctor to complete only Section F.

This is item number 2, located at the top of page 3 of the FAF Form

https://www.wsib.ca/sites/default/fil...

It should also be noted that in the guide for doctors entitled “Completing the Functional Abilities Form (FAF) for Planning Early and Safe Return to Work,” at page three of the guide it states,

“If the worker is physically unable to return to work and requires additional time to heal, proceed to Section F and provide the date at which the worker’s condition will be re-assessed.”

https://www.wsib.ca/sites/default/fil...


Paul notes that on the FAF itself, only provides for “physical injuries” and does not acknowledge “mental injuries and/or disabilities.” This Paul argues is contrary to the Human Rights Code.

Paul then discusses how the WSIB often crosses a line. This is done when they are pushing the doctor to say the worker can work when they know the worker can not. The WSIB will do this by demanding objective evidence to support the doctor’s position. Paul explains that this maybe be done by the WSIB demanding the doctor complete section “E” of the FAF even though the form says not to. Also the WSIB will claim the worker can perform some function and demand that any ability be done at work.

Decision No. 229/25, 2025 ONWSIAT 635 (CanLII), https://canlii.ca/t/kdfm1
In this decision Richard says that the family doctor said to wait another five days before returning to work. Yet the WSIB cut the worker off benefits.

In the episode Paul discusses the “usual healing times chart” the WSIB use to have in the Board policies has since removed it for some reason.

Paul referenced a legal reference book “Insurance Bad Faith 3rd Edition”, written by Gordon G. Hilliker, and published by Lexis Nexis. This can be found here:

https://store.lexisnexis.com/en-ca/pr...

Richard Fink is a lawyer who has been practicing in workers compensation law in Ontario for over 40 years. Paul Taylor is a paralegal who also practices in workers compensation law in Ontario among other areas of law and has a specialization in human rights law. For more information check our websites
www.finklegal.com
www.paulsparalegal.ca