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WORKPLACE SAFETY AND INSURANCE BOARD
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## APPEALS RESOLUTION OFFICER DECISION
**DECISION NUMBER:** 20100040
**OBJECTION BY:** Worker
**WORKER:** Participating
**EMPLOYER:** Not Participating
**REPRESENTATIVE:** Worker
### RESOLUTION METHOD & PROCESS
The worker’s representative elected to receive a decision based on written submissions instead of convening an oral hearing.
### ISSUE
The worker is objecting to the case manager’s decision dated November 30, 2009 which based loss of earnings (LOE) benefits on projected earnings of $14.00 per hour in suitable employment or business (SEB) in a protective service occupation, (NOC 6465).
### HOW THE ISSUE AROSE
The worker is a 28-year old former delivery driver. On or about April 17, 2006 he injured his left shoulder while lifting heavy parcels. The claim was allowed and in November 2009 the non-economic loss (NEL) clinical specialist approved a 9% NEL award for permanent left shoulder impairment. The employer received 95% second injury and enhancement fund (SIEF) relief of the costs of the claim.
The worker’s impairment prevented him from returning to his pre-injury job as a delivery driver and by December 2008 the employer could no longer accommodate him with other duties appropriate for his medical restrictions. Consequently, the case manager approved a labour market re-entry (LMR) plan leading to employment in a protective service occupation. The LMR plan included a special work placement followed by job search training.
### AUTHORITY
- 19-03-03 Determining Suitable Employment or Business (SEB)
- 19-03-05 LMR Plans
- 19-03-10 Co-operating in LMR
### SUBMISSIONS
Submissions from the worker’s representative are set out in a letter dated April 23, 2010.
The worker’s representative agrees that the SEB of Other Protective Service Occupations, (NOC 6465), is within the worker’s physical abilities but suggests the worker requires further training and upgrading.
### ASSESSMENT OF THE EVIDENCE
The worker is 28 years old. He has a 9% NEL award for permanent impairment. His medical restrictions include:
- no repetitive left shoulder movement
- no heavy lifting with the left shoulder
- no above shoulder activity and
- no repetitive use of the left shoulder against resistance.
An LMR plan was developed so that the worker could find employment in a protective service occupation (NOC 6465). The LMR plan included a special work placement with security personnel in a department store and job search training.
Employment in NOC 6465, Other Protective Service Occupations, includes workers who conduct private investigations for clients or employers, implement security measures to protect property against theft and fire and provide other protective services not elsewhere classified. They are employed by security and investigation service companies, hotels, retail establishments, businesses and industry, or they may be self-employed. Examples include:
- alarm investigator
- corporate security officer
- house detective
- postal inspection officer
- private investigator
- retail loss prevention officer
- security officer
- private store detective
- theft prevention officer.
The employment requirements for NOC 6465 include:
- Completion of secondary school is required.
- A college diploma in law and security or police technology may be required.
- On-the-job training may be provided.
- Experience as a police officer may be required for corporate security officers.
- Provincial licensure is required for private investigators.
I agree with the worker’s representative that employment within NOC 6465 includes jobs that are fully within the worker’s physical capabilities and medical restrictions. But I do not agree that the worker requires further training or upgrading.
I note that on December 21, 2001 the worker successfully completed his GED through the Ontario Ministry of Education and received his GED diploma. From February 2002 to February 2003, the worker attended a local college where he successfully completed a one-year accelerated Police Foundations Program and received his diploma on April 11, 2003. He subsequently successfully completed the Ontario Association of Chiefs of Police certification. The worker also completed a Driver’s Education Program in 1998 and the Canadian Red Cross Emergency Team Course in 2003.
From July 2002 to June 2003 the worker was employed as a security guard at Innovative Security Management Inc.
I note the worker also participated in the following volunteer activities:
- Member of the Canadian Red Cross Emergency Response Team, First Aid Services Team, and Personal Disaster Assistance Program from November 2003 to July 2005.
- Assisted the London Police Service with Immediate Rapid Deployment training from Oct. 2002 to February 2003
- Worked at the Middlesex OPP London Detachment from Oct. 2002 to Feb. 2003
- Parking and security services for the London Skating Club Heritage Classic Competition in December 2002
- Filmed a Crime Stoppers commercial with the Strathroy-Caradoc Police Service, October 2002
- Trained Volunteers at the Ontario Police College, September 2002
- Provided security with the Middlesex OPP for the International Plowing Match in September 2002
- Provided security for the London Dragon Boat Festival in August 2002
- Security coordinator for Westervelt College at the London Children's Festival in June 2002
I find the worker is well qualified for employment in NOC 6465, Other Protective Service Occupations. Consequently, there is no basis for further loss of earnings (LOE) benefits or LMR service in this claim.
### CONCLUSION
The worker’s objection is, therefore, denied.
DATED: April 30, 2010
F. J. Mackin
Appeals Resolution officer
Appeals Branch
minicounsel