SEIU-WEST v. Extendicare (Canada) Ltd. Moose Jaw (Marchessault)

WCB Benefit top up - Union wins


WCB benefit top-up to full salary is ruled to be a cumulative period of one year, not a calendar year, to address the unpredictable nature of healing, rehabilitation, work hardening and return to work schemes. The Employer, Extendicare (Canada) Ltd. administered a top up of 10% of salary while on WCB benefits (90% of salary) to mean that a the wording "...a period not to exceed one year." meant a calendar year. The Union view was that as workplace injuries are notoriously unpredictable in terms of rehab and especially with the possibility of re-injury, subsequent injuries, and lengthy delays while awaiting treatment, and the current trend (work hardening, accommodations, etc.) toward returning employees to work while awaiting surgery or rehab treatment, the appropriate application was one year of total benefits. Arbitrator Pelton reviewed the submissions exhaustively and decided the Union's interpretation was the most reasonable, made labour relations sense, and upheld the grievance.

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Reference Info:Decision | Canada

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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