Appeal victories
- Appeals Commission Overturns WCB Denial in Plantar Fasciitis Case
- Appeals Commission Overturns WCB Reduction of Benefits at Age 65
- Appeals Commission Reverses WCB Denial of Permanent Disability Benefits
- Appeals Commission Accepts PTSD-Related Hernia as Compensable Injury
- Appeals Commission Confirms Recurrence of PTSD as Compensable
- DRDRB Reverses WCB Decision, Restores Full ELP Benefits Beyond Age 65
- Employer’s Challenge Denied – DRDRB Upholds Acceptance of Low Back Injury Claim
- TTD Benefits Reinstated After Psychological Claim Review
- Summary
DRDRB Reverses WCB Decision, Restores Full ELP Benefits Beyond Age 65
In a recent success, our client—an injured worker with permanent restrictions and a confirmed zero-based Economic Loss Payment (ELP)—had his full ELP reinstated past age 65 after it was initially cut off by the WCB.
The WCB had previously extended his full ELP in both 2021 and 2022 based on pre-accident mortgage debt with a fixed amortization extending to 2027. However, the Board reversed course in 2023, claiming the worker had not sufficiently demonstrated an ongoing need or intent to work beyond the normal retirement age.
We appealed this decision to the Dispute Resolution and Decision Review Body (DRDRB), arguing that the worker’s financial circumstances had not changed and that his continued mortgage obligations, limited earning capacity, and lack of luxuries or recurring debt clearly met WCB Policy 04-04 and Procedure 31.6K criteria.
The DRDRB agreed, confirming that the worker’s basic expenses and long-standing mortgage were sufficient to justify the continuation of unreduced ELP benefits. The decision noted that while a formal retirement plan wasn’t required, the worker had provided compelling, consistent evidence of financial necessity and intent to continue working had he not been injured.
As a result, the DRDRB reversed WCB’s 2023 decision and confirmed the client’s entitlement to full ELP through the end of 2024, with a future review set for November 2025.
This outcome underscores the importance of documenting financial necessity and pre-accident obligations when challenging an age-65 ELP reduction.