Refusal to participate in Work Reintegration and deemed uncooperative
Sometimes, someone else's ideas of what you can or are able to do may not necessarily align with yours.
Two of the key principles of a successful Work Reintegration Program, as stated by the WSIB, are the integration of workers into "decent, safe and sustainable work." involving, " Effective and meaningful input and choice on the part of the worker to ensure their commitment and active participation."
Historically, the WSIB has forced injured workers into these types of programs by threatening to cut off their benefits if they did not cooperate. The reality is, that you cannot be forced, coerced, or intimidated into participating in Work Reintegration services if your compensable condition prevents you from doing so safely, and you are allowed every opportunity to provide "effective and meaningful input"
If you believe that these principles are being ignored, the following tips can help you address the situation.
- If your compensable condition is preventing you from actively participating in a Work Reintegration Program, it is important to have your doctor provide detailed written reasons to support your position and to have those reasons noted in your file. Our Doctor's Report Concerning Work Reintegration Kit can help you with this.
- If you are not being given every opportunity to provide meaningful input as to the direction of the program, state your reasons in writing and placed them in your claim file.
If WSIB decision-makers neglect to ensure that those two key principles are being met, and you are being threatened that your LOE benefits will stop if you refuse to cooperate, they are in clear violation of their own stated principles, and any decision to deem you uncooperative is unlawful and cannot stand!