FAQ's Cases - Stewart McKelvey

checking summaries before stating that he had reinjured his back and was unable tocontinue. The applicant was of the view that checking summaries was a job task beyondhis functional limitations. This was the last day the applicant worked.[35] On September 7 the applicant, Ms. Roehl and the applicant’s WSIB casemanager held a conference call. The applicant indicated that he was of the view thatthe day shift was more suitable noting that it did not require him to check summaries. Itwas agreed that a WSIB ergonomist would visit the warehouse and assess whether theproposed work duties for the applicant on the afternoon shift, in particular checkingsummaries, were within the restrictions set out in the Humber River Hospitalassessment and the applicant’s July 20 functional abilities form.2012 HRTO 1455 (CanLII)[36] On September 12 WSIB ruled that it would not provide the applicant with loss ofearnings benefits past September 4 because it was of the view that the modified job onthe afternoon shift as described in the August 31 return to work plan was suitable.[37] On September 21, a WSIB ergonomist visited the warehouse to conduct anassessment of the applicant’s job duties. The ergonomist then told the applicant andthe respondent that he had determined that the duties offered to the applicant on theafternoon shift, including checking summaries, were within the applicant’s medicalrestrictions.[38] Later in this September 21 meeting the applicant stated that he had been subjectto harassment and discrimination by Mr. Castellano. The respondent submits that this isthe first time these allegations were raised with the respondent contrary to theapplicant’s contention that he raised these allegations with Ms. Roehl on June 4. Mr.Zbaraschuk indicated at the meeting that he would conduct an investigation into theapplicant’s allegations. Mr. Zbaraschuk testified that it was further agreed at themeeting that the applicant’s return to work plan would be modified so that when theapplicant returned to work (following his September 4 injury) the applicant would stillreturn to the afternoon shift but would report to Sam Bianco or Jerry Perritore (another11