The applicant, an injured worker with a learning disability, alleged that the WSIB discriminated against him by changing his Labour Market Re-Entry (LMR) plan from a multi-year academic upgrading program to a short-term retail training program upon learning of his disability.
The WSIB challenged the HRTO's jurisdiction, arguing it had exclusive jurisdiction over benefits under the WSIA.
The HRTO found it had concurrent jurisdiction to hear the human rights claim.
On the merits, the HRTO held that the WSIB discriminated against the applicant by failing to explore accommodations for his learning disability before changing his LMR plan.
The HRTO awarded $5,000 for injury to dignity and ordered the WSIB to amend its LMR policies.
