Cut off from disability benefits

Limited earnings capacity cannot terminate all extended earnings loss benefits
|Canadian Employment Law Today

On May 15, 1990, while employed as a construction foreman, Neville Burton was injured and suffered injuries to his neck, back, left shoulder and arm. As a result of this workplace injury, Mr. Burton applied for workers’ compensation benefits.

On Jan. 27, 1997, the Workplace Health, Safety and Compensation Commission placed Mr. Burton on full extended earnings loss benefits based on its findings that Mr. Burton was not capable of returning to the workforce. In accordance with the commission’s policy on extended earnings loss, Mr. Burton was required to submit to periodic reviews to determine ongoing entitlement to benefits.

On Sept. 17, 1999, an investigation officer with the commission conducted a service check on Burton. The officer found Mr. Burton had just arrived home, with hands, face and clothing grease covered. He admitted to having just arrived home from a job involving a high-pressure washer but claimed that it was the first time he had done that work.