Dr. B. Di Paolo

The worker appealed a Case Manager's decision terminating his loss of earnings (LOE) benefits on the basis that the employer had offered suitable modified work.

The worker suffered a compensable low back injury and attempted a graduated return-to-work plan, but stopped working shortly after, citing an inability to tolerate the duties due to pain.

The Appeals Resolution Officer weighed conflicting medical evidence, preferring the WSIB Specialty Clinic's opinion that the worker was partially disabled and capable of modified work over his family physician's opinion of total disability.

While the modified work offered was deemed suitable, the Officer found that the employment relationship had effectively ended and the work was no longer available as of February 9, 2022.

Consequently, the worker was granted partial LOE benefits based on a suitable occupation and entitlement to return-to-work services.