Removal from normal job not result of compensated injury: Tribunal

Worker never raised issue of hearing loss before or after he was removed from his job driving forklift for other reasons
|Canadian Employment Law Today

An Ontario company was not obligated to re-employ a worker with a successful workers’ compensation claim in his old position because his removal was unrelated to the condition for which he received compensation, the Ontario Workplace Safety and Insurance Appeals Tribunal has ruled.

The 66-year-old worker started with the company in 1964 as a material handler, which included the operation of a forklift, until November 2000 when he suffered a stroke. He returned to his old position in September 2001.

Before long, the company became concerned with the worker’s ability to operate a forklift safely. It reassigned him to a general helper position in July 2002.