Policy
The WSIB conducts a labour market re-entry (LMR) assessment to determine whether a worker needs assistance to re-enter the labour market. Back to top
Guidelines
Assessment provided
The WSIB provides a worker with an LMR assessment if
- it is unlikely the worker will be re-employed by the accident employer due to the nature of the injury
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the employer has been unable to arrange suitable and available work for the worker that restores the pre-injury earnings, or
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the employer is not co-operating in the early and safe return to work (ESRTW) process.
Following ESRTW
The WSIB also provides LMR assessments for workers who successfully returned to suitable employment through ESRTW if the work-related injury resulted in a permanent disability/impairment, and
- the worker suffers a deterioration of the work-related injury, or
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the worker is permanently laid off from that job and has not received LMR services previously.
Assessment not provided
The WSIB does not generally provide an LMR assessment if the worker returned to suitable employment through ESRTW but later stops working due to
Information gathered
LMR assessments are used to determine whether a worker requires an LMR plan to
- re-enter the labour market in suitable and available employment or business (SEB), or
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facilitate a return to work with the accident employer, and
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restore pre-injury earnings.
To make this determination, the decision-maker may consider the worker's
- degree of disability/impairment, and prognosis
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functional abilities
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transferable skills
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aptitudes
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job search skills and abilities, and
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degree or amount of wage loss/loss of earnings (LOE).
The decision-maker may gather the necessary information or, if appropriate, may arrange for an external agency to conduct the LMR assessment.
Evaluation tools
Evaluation tools used to gather the information may include, but are not limited to
- psycho-vocational evaluations
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vocational/transferable skills assessments
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functional abilities evaluations (FAEs)
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controlled environment assessments (CEAs)
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work assessments, and
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ergonomic assessments.
Entitlement to LMR plan
Using the information gathered, the decision-maker identifies potential SEB options and determines entitlement to an LMR plan. The SEB options may include a return to suitable employment with the accident employer (see 19-03-04, Entitlement to LMR Plans).
In determining entitlement to LMR plans the WSIB must have regard for workers' rights under the Ontario Human Rights Code. Workers are entitled to equal treatment, without discrimination, with respect to services, goods, and facilities. Therefore, when conducting an LMR assessment, the WSIB considers any non-work-related disability, handicap, or condition a worker may have.
Assessment for surviving spouse
The WSIB may provide an LMR assessment to a surviving spouse of a worker (see 20-02-03, Labour Market Re-entry Assessments for Surviving Spouses or Same-sex Partners).
Application date
This policy applies to all decisions made on or after July 1, 2007, for all accidents.
Document history
This document replaces 19-03-02 dated October 3, 2007.
This document was previously published as:
19-03-02 dated October 12, 2004
19-03-02 dated June 15, 1999
12.2 dated January 1, 1998
05-01-12 dated August 9, 1991.Back to top
References
Legislative authority
Workplace Safety and Insurance Act, 1997, as amended
Sections 42, 108
Workers' Compensation Act, R.S.O. 1990, as amended
Section 53
Minute
Administrative
#10, September 18, 2009, Page 477 Back to top |