Is the employer large enough to be subject to the re-employment obligations?

You are the Safety Officer for a mail-order shipping warehouse that regularly employs 105 people. Fred is 25 years old and has been employed in the packing department for 6 months. In that time, he has been off work twice for non-work-related knee problems due to a soccer injury 7 years ago. Fred has been very open about his knee problems, telling you that he has had 2 surgeries on his right knee but that his knee has “never been quite right” even after the surgeries. He is a reliable hard worker, does an excellent job and is well-liked by his supervisor and co-workers. Since he was hired, Fred has been doing all of the job tasks of the shipping position with no problems. One afternoon, Fred reported to his supervisor that he felt pain in his right knee when he lifted a 5-kg box off the conveyor. The conveyor is at waist height, well maintained, and working well. When asked for more details, Fred confirmed that he didn’t slip, trip or fall, he wasn’t struck by anything or anyone, and he didn’t twist or bend his knee. He stated that he just felt his knee “give out”. He was limping severely, so the supervisor sent him to see his doctor. The next morning Fred calls and says that he has torn a ligament in his right knee and sends a copy of Page 2 of the form 8 completed by his doctor. The Form 8 notes that Fred will be off work pending surgery next month and that he will be reassessed after the surgery. Given the previous damage and surgeries to Fred’s right knee, the doctor feels that Fred will need to remain off work for at least 1 month and then will most likely be able to return to work on a gradual basis. You send your Form 7 to the WSIB, noting the pre-existing non-work-related knee injury, multiple surgeries, and ongoing medical treatment, as well as the minor nature of the incident. You receive a decision letter from the WSIB dated April 3, 2024, that states that the WSIB has approved the claim for loss of earning benefits. The letter also states that in recognition of the pre-existing condition, the WSIB has awarded the employer 50% cost relief through the Secondary Injury Enhancement Fund (SIEF), due to the moderate nature of both the pre-existing condition and the accident. Part 1: Please answer the following questions, related to the scenario. Using the policy Second Injury and Enhancement Fund (SIEF) (14-05-03) in the WSIB Operational Policy Manual (under Employer Obligations, Accident Cost Adjustments) at the link: https://www.wsib.ca/en/operational-policy-manual/second-injury-and-enhancement-fund-sief, answer the following questions (note that questions worth 2 points can be answered by yes or no): Does the SIEF policy apply to Schedule 1 employers? (2 points) Does the SIEF policy apply to Schedule 2 employers? (2 points) Does Fred’s medical history meet the definition of a “Pre-accident disability”? Provide a brief rationale to support your answer (10 points) Using the policy Re-employment Obligations (19-02-09) in the WSIB Operational Policy Manual (under Return to Work) at the link: https://www.wsib.ca/en/operational-policy-manual/return-work/return-work-rtw, answer the following questions: Is the employer large enough to be subject to the re-employment obligations? Explain (5 points) Has Fred been employed at the company long enough to be covered by the re-employment obligations? Explain (5 points) Using the Human Rights Code as a reference answer the following question: If the employer wanted to terminate Fred after he had returned to his pre-accident condition, could the termination be considered discrimination under the Human Rights Code? Provide a brief rationale to support your answer (16 points) Part 2: WSIB Intent to Object Form You review the SIEF policy, paying attention to the criteria for determining the severity of a pre-existing condition and for classifying the severity of an accident. Based on the definitions and criteria, it is your opinion that the pre-existing condition is more accurately classified as “Major” and the accident as “Minor”. Using the table in the SIEF policy, you calculate that the amount of SIEF awarded to the employer should be 90-100% and not 50%. You decide to file a Notice of Intent to Object for the amount of SIEF awarded. A blank WSIB Notice of Intent to Object in PDF format has been attached below. You must complete pages 2 and 3 of the Intent to Object pdf and submit it as part of your assignment. Note: you are not required to complete the information on page 1 of the Intent to Object form, called “Acknowledgement of consent to use email”. The Intent to Object form will be graded as follows (Note: fictitious information can be used when the details have not been proved in the scenario): A total of 6 points for sections 1, 2, 3, 4, and 6 (Note: no name, date, or signature are required for section 6) A total of 4 points for section 5 A total of 50 points for section 7 Use the policy Secondary Injury Enhancement Fund (SIEF) (14-05-03) found in the Operational Policy Manual (under “Employer Obligations”, “Accident Cost Adjustments”) at the link: https://www.wsib.ca/en/operational-policy-manual/second-injury-and-enhancement-fund-sief, to assist you in presenting your justification to the WSIB. For section 7, be sure to include: a) An introduction (5 points) b) The objective information from the scenario that supports your assertion that the pre-existing disability is more accurately classed as “Major” (20 points) c) The objective information from the scenario that supports your assertion that the severity of the accident is more accurately classed as “Minor” (20 points) d) Closing remarks (5 points)

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