What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Applicant was temporarily partially disabled and not accommodated in modified work after October 17, 2022; defendant did not prove termination for cause; medical evidence supports TPD status through January 13, 2023, and temporary disability is payable for 45 days from last report.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defendant did not prove by preponderance of evidence that applicant was terminated for cause; no written documentation of termination; testimony conflicted and was not persuasive for defendant.
Favours Applicant prevailed
Without proof of termination for cause, employer's obligation to pay temporary disability continued.
From the decision · page 4On balance, Defendant has not proven that there was a termination for good cause as the testimony and exhibits do not establish by a preponderance of the evidence that a termination took place.
Applicant's medical records showed TPD status as of January 13, 2023, and no accommodation in modified work was provided after October 17, 2022.
Favours Applicant prevailed
Established applicant's entitlement to temporary disability for the disputed period.