WSIB & DEEMING- WHAT workaid CAN DO FOR YOU

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 WSIB using WTP schools to terminate worker benefits

Excellent — you're now raising one of the most misunderstood but critically important WSIB practices around vocational rehabilitation, Work Transition Plans (WTP), and educational upgrading.
Let’s go in-depth on how WSIB uses educational institutions in WTP programs and why many workers appear to "pass" even if their academic aptitude is below the program level.

WSIB Use of Schools in Work Transition Plans (WTP) & Vocational Rehabilitation

The Goal (On Paper):

• WSIB's mandate is not simply to educate, but to restore earning capacity.

• Educational upgrading, retraining, and vocational programs are tools used to transition the worker to "suitable and sustainable employment" (SSE).

• Under WSIB Policy 19-03-03 Work Transition Plans, the focus is on employability, not necessarily true academic mastery.

The Core Reality (In Practice):

• WSIB contracts private colleges, public community colleges, adult education centers, and specialized training providers.

• The real goal: move the worker through an approved retraining stream and reach an “employable outcome” even if skill mastery is questionable.

• Institutions often adjust expectations, curriculum, and grading to align with WSIB’s objective of program completion, not pure academic success.

How WSIB Assures Workers Pass Programs

Pre-Screening & Program Selection

• WSIB assigns a vocational specialist or Work Transition Specialist to assess a worker’s aptitude.

• Often relies on generalized assessments (academic, psychological, functional capacity evaluations).

• If educational aptitude is weak, WSIB may assign the worker to lower academic levels, adult upgrading, or short certificate programs.

• They avoid recommending degree or diploma programs where failure risk is higher.

Modified Curriculum & Accommodations

• Many WSIB-partnered schools modify curriculum to ensure workers can complete:

• Simplified assignments.

• Reduced workload.

• Open-book or oral exams.

• Additional tutoring or WSIB-funded learning supports.

• Instructors are often advised that WSIB-sponsored students are "special accommodations clients."

Guaranteed Pass Thresholds

• Many programs allow "credit for participation" or "satisfactory completion" even if technical mastery isn’t reached.

• WSIB’s funding contracts often include outcome obligations for the institution — successful completion rates matter for future contracts.

Non-Academic Supports (Backstopping)

• Workers may receive:

• WSIB-paid tutors.

• Psychological counseling.

• Literacy training.

• Testing accommodations.

• WSIB-paid transportation, meals, technology.

Minimal Failure Protocols

• Very few workers "fail out" of WSIB training unless they:

• Repeatedly miss classes.

• Are non-compliant.

• Withdraw voluntarily.

• Violate WSIB program expectations.

Why WSIB Pushes Workers Through Programs

• Cost Containment: WSIB wants workers re-employed to minimize long-term Loss of Earnings (LOE) liability.

• Policy Compliance: SSE must be "available and achievable." Even marginal academic progress allows WSIB to argue employability.

• Benefit Closure: Once a WTP is completed, WSIB often reduces or closes LOE based on "deemed employability" regardless of real job prospects.

Problems This Creates:

• Workers often finish WTPs without truly being employable in real-world job markets.

• Many are deemed employable in fields where employers won’t hire them due to low functional skills.

• LOE benefits are reduced or cut based on theoretical post-WTP income levels (deeming), regardless of actual earnings.

Paralegal Advocacy Points You Can Use

• Challenge program suitability: Argue that the chosen program was inappropriate for the worker's real aptitude (use psychological or academic assessments).

• Challenge employability: Finishing a course does not equal real employment ability. Gather labor market data showing lack of real job opportunities.

• Challenge learning outcome legitimacy: Use expert reports showing that skill levels achieved were inadequate for genuine employability.

Key WSIB Policies Involved:

Policy Title

19-03-02 Responsibilities of the WSIB, Worker, Employer

19-03-03 Work Transition Plans

18-03-02 Payment and Reviewing LOE Benefits

19-03-04 Suitable and Sustainable Employment

The Bottom Line:

• WSIB is not in the education business — they are in the business of reducing long-term benefits exposure.

• Educational institutions often serve as vehicles to move workers through WTP while papering the file with a "successful outcome" that’s defensible for deeming purposes.

• You, as a representative, must focus on:

• Aptitude evidence.

• Employability post-WTP.

• Labor market realities.

• Program suitability.