Case snapshot
At a glance
- Case
- Can WSIB Cut LOE Benefits If Modified Work Doesn't Fit Your Restrictions?
- Court / Tribunal
- Workplace Safety and Insurance Appeals Tribunal
- Citation
- 2026 ONWSIAT 783 ↗
- Date
- July 10, 2026
- Area of law
- Employment Law
- Key issue
- Whether a worker who could not perform modified duties at full hours due to medical restrictions was entitled to loss of earnings benefits for the hours she was unable to work.
- Outcome
- The appeal was allowed: the worker received full LOE benefits for the days she could not work at all, and partial LOE benefits for the fifth workday each week that exceeded her medically supported four-day limit.
- Why it matters
- This decision clarifies that WSIB cannot deny LOE benefits simply because modified work exists — the work must actually fit within the hours and physical limits a worker's treating practitioners have documented.
Legal principle
The rule from this case
Under the Workplace Safety and Insurance Act, 1997, a worker is entitled to loss of earnings (LOE) benefits when a compensable injury causes a real wage loss. If an employer offers modified duties, those duties must be genuinely suitable — meaning they must fall within the worker's actual functional abilities, including any restrictions on the number of hours or days the worker can perform them. Where treating practitioners document that a worker can only manage a reduced schedule — for example, four days per week rather than five — the fifth day of offered work is not "suitable" just because it exists. The Tribunal confirmed that a worker who cannot physically or medically perform the extra hours is not refusing suitable work; she simply cannot do it. In that situation, the wage loss for the missed time flows from the injury, not from any refusal, and LOE benefits remain payable.
Important limits
What this does not mean
This decision does not mean that any worker who dislikes modified duties can refuse them and keep receiving full benefits. The Tribunal's ruling turned on specific, consistent medical documentation from a treating physician and a physiotherapist, both of whom independently confirmed the four-day restriction. Without that kind of objective, documented support, a similar argument would likely fail. The decision also does not eliminate the WSIB's ability to reduce or suspend LOE benefits when a worker genuinely refuses suitable work that is within their capabilities. The distinction the Tribunal drew is a narrow one: the offered work was beyond what the worker's functional abilities allowed, so it was not suitable. Workers who are medically cleared for full hours but choose not to work them are in a very different position.
What Are Loss of Earnings Benefits Under WSIB?
Loss of earnings (LOE) benefits are payments the WSIB makes to replace a portion of the wages you lose because a work injury prevents you from earning what you did before. Under section 43 of the Workplace Safety and Insurance Act, 1997, the benefit is generally 85% of the difference between your pre-injury net average earnings and what you can earn — or are deemed able to earn — in suitable work after the injury.
The key word is “suitable.” If the WSIB or your employer offers you modified duties that genuinely match your abilities, and you turn them down without good reason, your LOE benefits can be reduced or cut off. But what happens when the offered work doesn’t actually fit your medical restrictions?
What Happened in This Case?
In Decision No. 289/26, 2026 ONWSIAT 783 (CanLII), a hotel room attendant injured her right elbow and wrist in a workplace fall in July 2024. The WSIB initially approved LOE benefits, but then cut them off on the basis that the worker had refused suitable modified duties.
The worker — who represented herself throughout — argued that she was physically unable to work in any capacity for the first several days after the injury, and that after she returned, her treating doctor and physiotherapist both restricted her to four workdays per week. The employer offered five days of modified work per week. The WSIB and the Appeals Resolution Officer concluded there was no objective clinical basis for the hour restriction and denied benefits accordingly. The worker appealed to the Workplace Safety and Insurance Appeals Tribunal (WSIAT).
Does Modified Work Have to Match Your Medical Restrictions?
Yes — modified work is only “suitable” if it falls within a worker’s actual functional abilities, including any limits on hours or days. The WSIAT Vice-Chair reviewed the full medical record and found consistent, independent support for the four-day restriction from both the treating physician and the physiotherapist. The fifth day of offered work exceeded what the worker’s body could handle, particularly while she was actively attending physiotherapy.
Because the fifth day was beyond her functional abilities, it was not suitable work. The worker was not “refusing” anything she was capable of doing. Her wage loss for that day each week was caused by her injury, not by any failure to cooperate — and LOE benefits were payable for it.
What Role Does Medical Evidence Play in a WSIB Appeal?
Medical evidence is central. The WSIAT found that the ARO had dismissed the hour restriction without adequate reason, essentially second-guessing the clinical judgment of the treating practitioners. The Tribunal instead gave weight to the consistent opinions of the doctor and physiotherapist, both of whom documented the four-day limit and the reasons for it — ongoing pain, reduced grip strength, and the need to recover between shifts while participating in physiotherapy.
This illustrates why thorough, up-to-date medical documentation matters at every stage of a WSIB claim. Vague or inconsistent records make it harder to establish that a restriction is real and injury-related. Specific, dated notes from treating practitioners carry significant weight before the Tribunal.
What Is the Difference Between Refusing Suitable Work and Being Unable to Do It?
This is one of the most important distinctions in workers’ compensation law. Refusing suitable work — work that is genuinely within your capabilities — can result in your LOE benefits being reduced or eliminated, because your wage loss is then caused by your choice, not your injury. Being unable to perform offered work because it exceeds your functional abilities is a different situation entirely: the wage loss still flows from the injury.
WSIAT policy also makes clear that a dispute about whether offered work is suitable is not automatically treated as non-cooperation. Workers have the right to challenge suitability without that challenge being held against them as a refusal. Our Ontario employment law lawyers regularly assist workers who are navigating these kinds of disputes at the WSIB and WSIAT levels.
How Are Partial LOE Benefits Calculated?
Partial LOE benefits apply when a worker can do some work but cannot fully restore their pre-injury earnings. In this case, the worker could perform modified duties four days per week, but not the fifth. She was entitled to partial LOE benefits reflecting the earnings lost on that fifth day each week, from July 22, 2024 until she reached maximum medical recovery on September 27, 2024.
The calculation is based on the difference between what the worker earned (or was able to earn) in suitable work and her pre-injury net average earnings. The specific quantum was returned to the WSIB for further calculation, but the entitlement itself was confirmed by the Tribunal.
Workers in Hamilton, Burlington, and across the surrounding region who have questions about how LOE benefits are calculated may find it helpful to speak with our Hamilton employment law team or our Burlington employment lawyers.
Questions and Records to Discuss with a Lawyer
- Do you have written notes from your treating doctor or physiotherapist that document specific restrictions on hours, days, or types of movement?
- Has the WSIB or an ARO dismissed your medical evidence without explaining why?
- Were you offered modified duties that required physical tasks your restrictions specifically prohibit?
- Is there a gap between what your employer scheduled you for and what the WSIB claims you were capable of working?
- Have you received a decision cutting off LOE benefits, and do you know the deadline to appeal it to the WSIAT?
If you have questions about a WSIB decision affecting your loss of earnings benefits, the team at UL Lawyers is available to discuss your circumstances. Reach out through /connect to get started.
This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.
FAQ
Frequently asked questions
Not automatically. If your treating practitioners have documented that your injury limits the number of hours or days you can work, the extra hours may not qualify as "suitable" work. The WSIAT confirmed in this 2026 decision that offering work beyond a worker's medically supported capacity does not justify cutting off LOE benefits for those hours.
Suitable work must match your actual functional abilities — the physical tasks, lifting limits, and hours you are medically cleared to perform. Work that exceeds your restrictions, even if it is "light" in general terms, may not be suitable for you specifically.
You can request reconsideration at the WSIB level and, if unsuccessful, appeal to the Workplace Safety and Insurance Appeals Tribunal (WSIAT). Deadlines apply at each stage, so it is important to act promptly and gather supporting medical documentation before filing.