Worker was removed from job for reason other than compensated injury: Tribunal

Employer didn't know about injury and removed worker from forklift driving position due to safety concerns
|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. After the stroke, he was off work to recover and returned to his old position in September 2001.

Before long, the company became concerned with the worker’s ability to operate a forklift safely after he was seen driving it dangerously. It reassigned him to a general helper position in July 2002.