APPEALS RESOLUTION OFFICER DECISION
DECISION:
20250068
OBJECTING PARTY:
worker
REPRESENTED by:
WORKER REPRESENTATIVE
RESPONDENT PARTY:
employer (not participating)
REPRESENTED by:
employer representative
HEARING:
HEARING IN WRITING
HEARD by:
J.L. Hughson, appeals resolution officer
SEPTEMBER 4, 2025
ISSUE(S)
The worker objects to the Return-to-Work (RTW) Specialist’s decision dated August 22, 2024, which denied the job of Pilot as a suitable occupation (SO).
BACKGROUND
On May 24, 2022, this right-hand dominant Millwright was working on a machinist lathe when one of the gloves they were wearing became caught, pulling their left hand and arm into the machine. They began to lose time from work on May 25, 2022. On May 26, 2022, the claim was allowed for initial entitlement to benefits for injuries to the worker’s left forearm, hand, and fingers.
The worker’s injuries were significant, requiring surgeries on May 24 and 25, 2022, as well as on June 2, 2022. The procedures included a skin graft; tendon transfers and repairs; and, left radial and ulnar shaft as well as left distal radius open reduction internal fixations. The worker was in hospital from May 24 to June 7, 2022. The worker was assessed for the first time through the Upper Extremity Specialty Program on July 7, 2022, and began treatment with them on July 12, 2022.
In their decision dated September 28, 2022, the Case Manager (CM) allowed initial entitlement to benefits for fractures to the radial, ulnar and distal bones in the left forearm, along with lacerations to the flexor digitorum superficialis tendon, flexor digitorum profundus tendon, flexor carpi ulnaris tendon, extensor digiti minimi tendon, extensor carpi ulnaris tendon, extensor pollicis brevis tendon, and the extensor pollicis longus tendon in the worker’s forearm, hand, and fingers.
The worker developed psychological symptoms after the injury occurred. They were assessed by a psychologist through the specialty program on August 5, 2022. In their decision dated September 7, 2022, the CM allowed entitlement to benefits for Post-traumatic Stress Disorder (PTSD) and Major Depressive Disorder with anxious distress.
On March 16, 2023, the CM allowed initial entitlement to benefits for left hand neuropraxia and left wrist fractures. In the worker’s follow-up with the specialty program on June 28, 2023, the clinicians recommended the worker undergo surgery to improve their left thumb function. This approved surgery took place on July 19, 2023.
The RTW Specialist conducted a RTW vocational interview with the worker on September 19, 2023, for the purpose of identifying a SO.
On November 14, 2023, the CM accepted the worker reached maximum medical recovery (MMR) with a permanent disfigurement to their left forearm as of November 8, 2023. On December 1, 2023, the worker’s non-economic loss (NEL) award for their disfigurement was rated at 5%.
The worker reached MMR for their psychological permanent impairment on December 21, 2023, and for their left forearm, wrist, hand, and fingers permanent impairments as of January 10, 2024, the date they were discharged from treatment through the specialty program. In their decision dated January 30, 2024, the CM accepted permanent restrictions for the worker’s physical injuries, and on February 15, 2024, they accepted a permanent restriction for the worker’s psychological injury. On February 12, 2024, the worker’s NEL award for their left forearm, wrist, hand, and fingers was rated at 16%. On February 28, 2024, the worker’s NEL award for their psychological condition was rated at 8%. This means the worker has a combined whole person NEL award of 29%.
While reviewing SO options, the worker stated they would like to pursue the vocational option of Pilot. In their decision dated August 22, 2024, the RTW Specialist determined this option was not suitable, as they determined it was not safe, sustainable, or available, and that it did not have the highest potential to restore their pre-injury wage. The RTW Specialist issued another decision of the same date, allowing the worker’s entitlement to an interim RTW plan, with training, which focused on a Business Marketing college program.
In their decision dated November 25, 2024, the RTW Specialist accepted the SO of Business Management and approved a RTW plan, with training. This began on January 6, 2025, and is scheduled to end on July 17, 2026. As the worker disagreed with the denial of Pilot as their SO, they agreed to attend both the Pilot training program and the approved RTW plan, with training.
The worker objects to the decision dated August 22, 2024, and this issue is now before me.
AUTHORITY
Operational Policy Manual
Published
19-02-10 RTW Assessments and Plans
November 30, 2020
ANALYSIS
I find the vocational option of Pilot is denied as a SO. I have carefully considered all of the available information, legislation, and relevant operational policies in reaching this decision.
In their submission, the worker’s representative (WR) contended that the vocational option of Pilot should be accepted as the worker’s SO. As a result, they stated a RTW plan, with training, should be accepted, in addition to the continuation of LOE benefits.
The employer did not indicate they would participate in this appeal and did not provide a submission on this issue. Despite this, I have regard for their existing correspondence and statements as they relate to the issue before me.
Review of issues
As documented in Memo #A0244, dated April 29, 2025, the WR told the RTW Specialist that they were appealing both decisions dated August 22, 2024. However, in their submission of April 9, 2024, they made no argument in regard to the interim RTW plan, with training. Additionally, I note that the RTW Specialist made a new decision regarding the accepted SO, and approved a new RTW plan, with training, in their decision dated November 25, 2024. Given this, I have limited my decision-making to the issue of the proposed SO of Pilot.
Entitlement to Pilot as a SO
Policy 19-02-10, RTW Assessments and Plans, states in part that a SO represents a category of jobs suited to a worker’s transferable skills that are safe, consistent with the worker’s functional abilities, and that to the extent possible, restores the worker’s pre-injury earnings. The SO must be available, meaning it exists and is in demand to the extent that the worker has a reasonable prospect of obtaining employment in the occupation.
The WSIB makes every effort to provide the worker with effective and meaningful input and choice when determining a SO. For example, the worker is encouraged to suggest possible SOs and provide any supporting research.
The WSIB considers a number of factors when determining a SO, including:
- the worker's functional abilities, transferable skills, education, aptitudes and interests
- the worker's work-related and non-work related impairments/disabilities, including non-physical disabilities such as a learning disability, and any other human rights-related accommodation requirements
- the worker's pre-injury earnings and work hours (a worker would not be expected to significantly increase their work hours in the SO)
- labour market trends and the likelihood of the worker being able to secure and maintain employment in the SO
- whether the SO has a reasonable prospect of continuing in the longer term, and
- whether the SO is achievable within a reasonable cost structure.
Suited to transferable skills
As determined by their psycho-vocational assessment on October 24, 2023, the worker has superior intellectual and cognitive ability in verbal comprehension, processing speed, full scale IQ, and general ability, as well as high average perceptual reasoning and average working memory. They scored at the post-high school level in word reading, math computation, sentence comprehension, spelling, vocabulary, and reading comprehension. The worker’s transferable skills include interpersonal communication, organizational, technical, management, information and data, computer, and English language skills.
The assessors stated the option of Pilot was suitable based upon the worker’s expressed interest and the results of their vocational interest profile. They noted that additional training may be needed for this job, which the worker was capable of completing. However, they stated the worker scored slightly lower in the aptitudes required in this job. In comparing the worker’s results on their psycho-vocational assessment to the aptitude requirements in Memo #A0205, dated August 22, 2024, the worker scored lower in general learning ability, verbal ability, numerical ability, spatial perception, and motor coordination. They scored at the required aptitude level for form perception and clerical perception. Finger and manual dexterity were not assessed.
The worker independently applied to the college diploma program for the Canadian Integrated Airline Transport Pilot License, and attended four courses in Fall 2024. In Winter 2025, they took one course, Private Pilot License. As documented in the Public College Progress Report, dated May 6, 2025, the worker reported that their course consisted of two flights per week.
As documented in Memo #A0200, dated July 23, 2024, the RTW Specialist spoke with several people about training to become a Pilot, as well as the requirements after the college program was completed. These were a dispatch supervisor from the worker’s flight academy; a flight instructor from the flight academy; an operations manager from a different flight school; and the student success advisor from the worker’s college. The student success advisor stated that graduates of the program achieve their Commercial Pilot License and also have their multi-engine and instrument flight rules ratings. These allow new graduates to be hired as airline pilots, charter pilots, or to work as a pilot in the aviation industry. Graduates also take two exams. Once these are successfully completed, their Airline Transport Pilot License (ATPL) will be frozen for five years. In order to unfreeze this license, graduates must acquire 1,500 flight hours in those five years.
A dispatch supervisor from the worker’s flight academy explained that the 1,500 hours of flight time must be accumulated in different ways. These include time spent flying at night and cross-country. The majority of the hours must be completed in an airplane. A certain number of the requisite flight hours must be as pilot-in-command, both supervised and unsupervised. There are limitations to the number of hours which can be acquired in an approved ground trainer or helicopter. Once the Pilot has achieved 1,500 flight hours, the next step is to apply to Transport Canada to get their ATPL approved and unfrozen.
The dispatch supervisor explained that the 1,500 hours of requisite flight time includes the approximate 200 to 250 hours which can be accumulated while in a college program. They went on to say that obtaining hours after the program by flying privately is expensive, so
Nearly all graduates will seek employment as commercial pilots – typically with smaller non-scheduled operators (such as charter, cargo, medevac, etc…), and will work for a number of years to gain flight time. Another option is to obtain an instructor rating after completion of the program, and to work as a flight instructor in order to accumulate the necessary flight hours to “unlock” the ATPL.
A flight instructor from another flight school stated that if a student does not eventually meet the requirements of the ATPL within the five-year time limit, they are still able to be hired as a Commercial Pilot because they would have their commercial, multi-engine instrument rating. This flight instructor also stated that regional airlines will hire graduates from their program with a frozen ATPL, and Pilots can build their required flight hours while working for a regional airline.
As documented in Memo #A0199, dated July 19, 2024, the worker is enrolled in a two-year Pilot license program. In a letter dated April 7, 2025, the program manager wrote a letter confirming the worker was progressing well in the program and had passed their private pilot licence exam. A separate document from Transport Canada confirms the worker achieved an 87% overall score on the private pilot license exam.
Although the RTW Specialist indicated in their decision letters of August 22, 2024, and May 7, 2025, that the worker would not have the requisite number of hours to fly even as a Commercial Pilot, I note that the dispatch supervisor stated, above, that new graduates typically have accumulated 200 to 250 hours, which is sufficient for some jobs. In their submission, the WR referenced a job posting from Memo #A0200, which stated 500 hours of totally flying time was preferred for a Commercial Pilot position, as well as the Job Bank employment requirements, which indicated more than 200 hours of flight experience was required to be a Commercial Pilot.
Given the above, I find that although the job of Commercial Pilot is consistent with the worker’s transferable skills, education, and interests, the option of Pilot is not. After completion of their two-year program, the worker would have the education necessary to find employment as a Commercial Pilot and continue to accumulate their hours over time. While I acknowledge the assessors indicated the worker’s aptitudes were slightly below what is needed for a Pilot, they still indicated the worker could be successful in the job. Further, the worker has demonstrated success in the program to date, as confirmed, above. However, the worker would be limited to working as a Commercial Pilot until five years after the completion of their two-year program, if they had accumulated the requisite 1,500 hours of flight time.
Safe and consistent with functional abilities
In their decision dated January 30, 2024, the CM accepted the following permanent restrictions for the worker’s physical injuries:
Lifting, pushing, and pulling limited to 0 to 5 kilograms
No ladder climbing
Limited gripping and pinching with the left hand
Limit exposure to cold environments
Functioning at the limited* PDC [physical demands category] level
No vision-occluded work
No repetitive or sustained forceful gripping and pinching with the left hand
*Limited PDC is defined as work activities involving handling (lifting, pushing, etc.) loads up to five kilograms, or 11 pounds.
In their decision dated February 15, 2024, the CM accepted the following permanent restriction for the worker’s psychological condition:
Unable to work with power tools and machines with the injury employer or in similar work environments
As documented in Memo #A0200, dated July 23, 2024, the physical requirements for a Pilot are limited strength, multiple limb coordination, and sitting body position.
As noted above, the RTW Specialist spoke with several people familiar with the vocational option of Pilot, as documented in Memo #A0200. A flight instructor stated that the physical requirements of the role can vary depending on the type of aircraft being piloted. The physical requirement for flight training would include using the aircraft foot holds to climb up to reach the fuel cap on the top of the wing and bending down to the ground to check tire pressure and fuel sumps. They also stated that the physical requirements for a Pilot would vary greatly from one employer to another, including emergency procedures. An operations manager from another flight college said that normal grip strength is adequate.
The RTW Specialist also spoke with a contact from an occupational medicine clinic, who relayed information from the primary physician at the clinic, a doctor who is a Civil Aviation Medical Examiner. This person relayed from the doctor that grip strength is not a factor that would affect employability. Grip strength and weight are not a part of the basic aviation medical examinations. The RTW Specialist noted that the worker had a category one medical certificate, which is available on file. The medical examination date is November 24, 2023, and the certificate was issued on May 21, 2024. The contact from the clinic confirmed that if this was obtained post-injury, the examiner had assessed the worker fit. Despite this, the worker’s limitations would be a concern, as they need
…to be able to operate the aircraft controls (hands and feet). Issues with emergency egress from aircraft if unable to use ladders and/or to assist others. Some unspecified vision issues reported. Cold environments can be an issue for Cat 1 pilots who often have to work up north or other remote locations, or not so remote, but still involve Canadian winters – and pilots have to be able to walk around their aircraft for pre-flight checks, etc.
Despite this, they noted they would need more medical information to render a final recommendation. If this occurred, the response is not available on file. Although the above excerpt references “unspecified vision issues,” there is no indication the worker has vision issues anywhere else in the claim file. I accept that this response was likely in reference to the permanent restriction of no vision-occluded work. This restriction means the worker should not perform work with their left hand where they cannot see the work they are performing, not that the worker has any documented vision concerns.
The worker also provided a Practical Medical Flight Test – Physical, dated May 13, 2024. Tasks included in the assessment were:
Removal and tightening of fuel cell caps (specify high/low wing)
Operation of rudder pedals in flight
Entering and exiting the aircraft
Pre-flight inspection (walk around)
Ability to taxi aircraft
Brake operation (specify toe or heel brake) during take/off, landing, and taxiing
The final task was not assessed because the instructor determined it would not be safe due the crosswind, as well as the worker not having any prior flight training. However, the instructor stated they were “entirely confident that [the worker] will have no issue whatsoever with use of the brakes during takeoff and landing after regular training,” based upon the worker’s mobility and the fact that their injury affected their left wrist only. They went on to state, in part, that the worker
…used no “unusual” procedures to compensate for any deficiencies and [their] operation of the aircraft in all respects was indistinguishable from the cohort of “normal” students.
In their submission, the WR noted that the medical information supported the worker’s Major Depressive Disorder was in partial remission as of May 21, 2024, and the worker’s PTSD was asymptomatic, as they had not returned to the workplace where their injury occurred. While I acknowledge this, the worker’s accepted psychological permanent restriction is not an issue before me.
The worker provided a letter which was undated but received to file on August 9, 2024. They stated that their restrictions could be accommodated, and noted that pilots in corporate aviation or larger commercial airlines typically spend most of their time in temperature-controlled environments. Additionally, pre-flight inspections can be handled by ground crew, particularly in commercial or corporate settings, and the use of ladders is specific to certain aircraft. They also said that modern aircraft are more automated, but that the worker demonstrated their ability to handle the requirements for aircraft controls in the physical of May 13, 2024. Finally, they noted that they have the ability to apply for roles within aviation that minimize exposure to their limitations.
I find the job duties of a Pilot are not safe or consistent with the worker’s functional abilities. While I acknowledge the worker’s completed medical certificate and physical, as described above, I agree with the RTW Specialist in their decisions of August 22, 2024, and May 7, 2025, that there is insufficient information to support the worker’s functional ability to safely access a variety of aircraft, or to carry out appropriate emergency procedures. The worker is unable to use ladders and has limited gripping and pinching ability with their left hand. They are unable to push, pull, or lift more than five kilograms. Notably, the RTW Specialist provided five job postings in Memo #A0200, two of which required lifting 30 or more pounds, and the other three postings did not specify their weight handling requirements. The worker must also limit their exposure to cold. While I acknowledge the worker’s letter of August 9, 2024, they did not provide information to support that their permanent restrictions would be met. As discussed in Memo #A0200, while accumulating flight hours, the worker would need to fly for smaller operators, indicating there would be fewer opportunities for the worker to make use of a ground crew or more automated controls.
Restores pre-injury earnings to the extent possible
Policy 19-02-10, RTW Assessments and Plans, states in part that the earnings for the SO are an estimate of what the worker is capable of earning when re-entering the labour market in a SO. If the RTW plan (with training) involves the worker acquiring a new skill set or entering a new field, updated entry-level wages are used to determine post-injury earnings.
Given the worker would acquire a new skill set and would be entering a new field, I agree with the RTW Specialist that entry-level wages should be used to determine post-injury earnings. The WR did not object to this; however, they noted in their submission that the worker’s potential to earn above their pre-injury wages was high once they gained experienced as a Pilot.
The RTW Specialist reviewed wage information in Memo #A0200. Using information from the Government of Canada Job Bank, the entry-level hourly wage for a Pilot in the City A and Ontario areas was $18.89, and in Canada was $21.63. They also noted that in their review of job postings, the wage range in the postings was consistent with the hourly rates provided by Job Bank. In their decision dated May 7, 2025, the RTW Specialist stated that updated labour market research from the Job Bank supports an entry-level wage of $20.50 per hour. As provided in the Employer’s Report of Injury (Form 7), dated May 25, 2022, the worker’s pre-injury hourly wage was $38.42 per hour, working 40 hours per week.
Given this, I find that the entry-level wage of a Pilot would not restore the worker’s earnings to the extent possible. While I acknowledge the worker could earn more with time, the information available supports that this could occur with an increase in accumulated flight hours. I must make a decision based upon the information available to me at this time, which is that the worker, upon completion of their diploma program, would likely earn an entry-level wage of $20.50 per hour.
Availability
As documented in Memos #A0200 and A0205, according to the Job Bank, the employment outlook will be very good for Pilots in Ontario and the City A region from 2023 to 2025. However, the Ontario Job Profiles provided a limited rating for Ontario. A limited rating means
This situation is less favourable to job seekers since it indicates weaker recent and future employer demand for workers. Relative to other occupations, these occupations tended to have low numbers of online job postings relative to the size of the occupation, high unemployment rates in the recent past, low projected employment growth rates and low projected rates of attrition due to retirement.
Ontario Job Profiles also indicated the unemployment rate for this occupation was 16%. Despite this, job prospects in the greater Toronto area were listed as above average.
In their submission, the WR provided the job description from the Job Bank, which categorized the job outlook from 2024 to 2026 as good. This outlook was updated on December 11, 2024, and stated that employment growth would lead to several new positions, but not many positions would become available due to retirements. It also stated there were a small number of unemployed workers with recent experience in this occupation.
In their reconsideration decision dated May 7, 2025, the RTW Specialist stated there were five job postings for an airplane Pilot at the time of their decision. As documented in Memo #A0200, there were seven job postings in August 2024. They also noted that Ontario Job Profiles continued to indicate a limited rating from 2023 to 2027.
Given the above, I find that the availability of the position of Pilot is limited. This is because I weigh the Ontario Job Profiles rating more highly than that of the Job Bank, as the Ontario Job Profiles provided their rating for the period of 2023 to 2027. This indicates that the worker has a reduced prospect for securing a Pilot position in the longer-term, which is especially relevant given the worker must accumulate 1,500 flight hours within five years of completing their two-year program in September 2026. Further, at the conclusion of their two-year diploma program, the worker is anticipated to have accumulated 200 to 250 hours of flight experience, which will limit their ability to find employment as a Pilot.
Summary
In their submission, the WR contended that the RTW Specialist’s determination that the option of Pilot is not suitable based upon a future deterioration or worsening of their conditions did not meet the requirement for human rights related accommodations, and included Section 7 of the Ontario Human Rights Code. The RTW Specialist reviewed this in their reconsideration decision of May 7, 2025, and stated that even without considering a future deterioration, the occupation of Pilot exceeds the worker’s functional abilities. I agree. As I have determined above, the SO as a whole is not safe or consistent with the worker’s functional abilities. In addition, although the worker indicated they could apply for jobs that are within their restrictions, this, along with their limited number of flight hours at the conclusion of their program, will further reduce employment opportunities, which are already projected to be limited from 2023 to 2027.
The WR contended that not all jobs within the SO require 1,500 hours of flight time. For example, they referenced Memo #A0200, which provided qualifications for a Pilot position that required 500 hours of total flying time. They stated the worker had completed more than 15 hours of flight time and was well on their way to obtaining their license. Although this is the case, the worker’s completion of their two-year program will result in the worker being able to find employment within the entry-level wages of $18.89 to $20.50 per hour, which would not restore the worker’s pre-injury earnings, to the extent possible.
Given the above, I find the option of Pilot does not meet the criteria of a SO, as defined in policy 19-02-10. It is not safe or consistent with the worker’s functional abilities; is not available; and would not restore the worker’s pre-injury earnings, to the extent possible.
CONCLUSION
The worker’s objection is denied.
The vocational option of Pilot is denied as the SO.
DATED September 4, 2025
J.L. Hughson
Appeals Resolution Officer
Appeals Services Division