Case snapshot
At a glance
- Case
- Can WSIB Limit Your LOE Benefits to Part-Time Hours in Ontario?
- Court / Tribunal
- Workplace Safety and Insurance Appeals Tribunal
- Citation
- 2026 ONWSIAT 901 ↗
- Date
- August 6, 2026
- Area of law
- Employment Law
- Key issue
- Whether a worker's loss-of-earnings benefits should be calculated on full-time or part-time hours in her deemed suitable occupation, given her permanent physical restrictions.
- Outcome
- The appeal was allowed in part: the Pharmacy Assistant occupation was confirmed as suitable, but LOE benefits were calculated based on 20 hours per week rather than full-time hours.
- Why it matters
- Injured workers in Ontario need to understand that completing a WSIB retraining plan does not automatically mean benefits will be calculated at full-time hours if their restrictions make full-time work unlikely.
Legal principle
The rule from this case
Under the Workplace Safety and Insurance Act, 1997, a worker who cannot fully restore pre-injury earnings because of a compensable injury is entitled to partial loss-of-earnings (LOE) benefits. Those benefits are calculated based on what the worker is realistically able to earn in a suitable occupation — including how many hours per week they can actually work given their permanent restrictions. A suitable occupation must be safe, consistent with a worker's functional abilities, and reasonably available in the labour market. But suitability is not an all-or-nothing question. Even where an occupation is generally appropriate, the number of hours a worker can perform that work may be limited by their restrictions. In this decision, the Tribunal found that while the Pharmacy Assistant role was suitable in principle, the worker's wrist restrictions meant she could only sustain 20 hours per week — and her LOE benefits were set accordingly.
Important limits
What this does not mean
This decision does not mean that every worker with wrist or upper-limb restrictions will automatically receive part-time LOE benefits. The Tribunal's finding was grounded in the specific evidence about this worker's functional abilities, her experience during retraining and her practicum, and the physical demands of the particular occupation identified in her work transition plan. Different facts will produce different outcomes. It also does not mean that completing a work transition plan locks a worker into a particular benefit level permanently. LOE benefits are subject to ongoing review, and a worker's circumstances — including their medical condition, actual employment, and earnings — can change over time. This decision addressed entitlement from a specific date and remains subject to the usual administrative review periods.
Can WSIB Calculate Your LOE Benefits Based on Part-Time Hours?
Yes — if your permanent physical restrictions mean you can only realistically work part-time in your deemed suitable occupation, your loss-of-earnings benefits can be based on part-time hours rather than full-time. That is what the WSIAT ordered in this case. A 2026 decision from the Workplace Safety and Insurance Appeals Tribunal illustrates exactly how this plays out in practice.
In Decision No. 588/26, 2026 ONWSIAT 901 (CanLII), a production technician who developed repetitive strain injuries in both wrists completed a WSIB-sponsored retraining program to become a pharmacy assistant. The WSIB, and then an Appeals Resolution Officer, found she could work full-time in that role after completing her plan. The Tribunal disagreed and based her partial LOE benefits on 20 hours per week.
What Is a Suitable Occupation Under WSIB Policy?
A suitable occupation (SO) is a category of jobs that fits a worker’s transferable skills, is safe given their functional abilities, and — to the extent possible — restores their pre-injury earnings. The SO also has to be realistically available in the labour market.
In this case, the Pharmacy Assistant role met most of those criteria. The worker had successfully completed a 32-week college program and earned strong grades. The Tribunal confirmed the occupation was generally suitable. The dispute was about how many hours she could actually perform that work.
How Did the Worker’s Physical Restrictions Affect the Decision?
The worker’s permanent restrictions included limits on bilateral lifting (up to 10 lbs, occasionally), restricted repetitive gripping and pinching with the right hand, and a requirement for pacing, task rotation, and micro-breaks during keyboarding and mousing activities.
According to the NOC Career Handbook, the Pharmacy Assistant role requires “light” strength, with handling of loads from about 11 lbs up to about 22 lbs. Under the definitions used by her Enhanced Functional Therapy program, light work means occasional lifting of up to 20 lbs or frequent lifting of up to 10 lbs, while sedentary work means occasional lifting of up to 10 lbs. The worker’s restrictions placed her closer to the sedentary level, and the Tribunal found she was likely precluded from some duties, such as inventory and stocking. More critically, keyboarding is a core duty of the role (entering prescriptions into databases, processing billing), and the worker had documented pain flare-ups when she increased her keyboarding during the practicum. The Tribunal found there may be limited opportunity for her to vary her tasks to stay within her restrictions.
What Role Did the Retraining Practicum Play?
The worker’s practicum at a community pharmacy was significant evidence. She participated at close to full-time hours and reported that the heavy keyboarding demands aggravated her wrist symptoms. Her symptoms settled after a vacation break — a pattern consistent with her documented restrictions.
The rest of her retraining told a different story. Her 16 weeks of English language upgrading and her 32-week college program were both offered at four hours a day, or 20 hours a week, and she completed them with excellent grades. The Tribunal found she had shown she could do vocational activities at 20 hours a week during her work transition program, and that her symptoms worsened when she increased her keyboarding and tried to work at full-time hours. Taken together, it found the Pharmacy Assistant occupation suitable, but only at part-time hours.
What LOE Benefits Did the Worker Receive?
The Tribunal confirmed the worker is entitled to partial LOE benefits calculated at $16.55 per hour for 20 hours per week, starting from the date her work transition plan concluded (May 6, 2024). This is the entry-level wage for the Pharmacy Assistant role, which the decision notes is also the minimum wage. The award is subject to the usual administrative periods of review.
Partial LOE benefits bridge the gap between what a worker can now earn (or is deemed able to earn) and what they earned before their injury. Because the worker’s former employer had ceased operations, she had no option to return to modified duties there — making the work transition plan and the deemed earnings calculation especially important.
How Does WSIAT’s Early Intervention Program Work?
This appeal was resolved through WSIAT’s Early Intervention Program (EIP), a voluntary and confidential alternative dispute resolution process. A Dispute Resolution Officer reviewed the file and proposed a resolution; the worker and her representative agreed to it; and a Vice-Chair then reviewed the evidence to confirm the proposed outcome was consistent with the law and WSIB policy.
The EIP is designed to resolve suitable appeals without a full oral or written hearing. Participation is voluntary, without prejudice, and strictly confidential, and the discussions with the Dispute Resolution Officer are not disclosed to the Vice-Chair or panel who decides the appeal. Some cases do not produce a resolution. In this case, the worker and her paralegal agreed to the proposed resolution, the employer did not participate, and the Vice-Chair accepted it after reviewing the evidence and the applicable law and policy.
Questions and Records to Discuss with a Lawyer
- What are your current permanent functional restrictions, and do they appear in writing from a treating health professional?
- Has the WSIB identified a suitable occupation for you, and have you received documentation of the physical demands of that occupation?
- Did you experience symptom flare-ups or difficulties during your work transition plan or practicum, and were those reported to the WSIB or your RTW specialist?
- If your LOE benefits were calculated at full-time hours, does that reflect what you were actually able to sustain during retraining?
- Are you aware of the deadlines to appeal an ARO decision to WSIAT?
Our Ontario employment lawyers regularly assist workers navigating WSIB benefit disputes, including appeals involving suitable occupation determinations and LOE benefit calculations. If you are dealing with a WSIB decision that doesn’t reflect your actual functional abilities, reach out to UL Lawyers through /connect to discuss your situation.
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
If your permanent restrictions mean you can only realistically work part-time in your suitable occupation, your LOE benefits may be calculated on part-time earnings in that occupation rather than full-time earnings. In this case, the WSIAT set the worker's partial LOE benefits on her ability to earn $16.55 an hour for 20 hours a week, instead of the full-time hours the WSIB had used.
Yes. You can appeal a WSIB decision about your suitable occupation — including whether it is appropriate for your restrictions — by objecting within the WSIB, where an Appeals Resolution Officer (ARO) decides the objection, and then by appealing the ARO decision to the Workplace Safety and Insurance Appeals Tribunal (WSIAT). Strict time limits apply, and the limit for return-to-work and work transition decisions can be shorter than for other decisions, so act promptly after receiving a decision.
Not necessarily. Completing a work transition plan may trigger a review of your LOE benefits, but it does not automatically end them. If you are still unable to earn your pre-injury wages because of your compensable injury, you may remain entitled to partial LOE benefits.