The WSIB 72-Month LOE Review: What Changes and How to Prepare (2026)

Six years after your workplace injury, WSIB will conduct the most important review of your entire claim. It is called the 72-month final LOE review, and the decision WSIB makes at this point will lock in your benefits for the rest of your entitlement. If you are not prepared, your benefits could drop significantly — and in some cases, stop entirely.

Many injured workers in Ontario do not even know this review is coming until they receive a letter from WSIB. By then, it can feel too late to do anything about it. This guide explains exactly what happens at 72 months, what "deeming" means, and the steps you can take right now to protect your benefits.

What Is the 72-Month LOE Review?

Under the Workplace Safety and Insurance Act, 1997, WSIB must conduct a final review of your Loss of Earnings (LOE) benefits within 72 months (6 years) from your date of injury. This is sometimes called the "lock-in" review.

After this review, your LOE benefits are generally fixed. WSIB cannot routinely change them after 72 months, except in very limited circumstances like fraud, obvious error, or significant medical deterioration.

This sounds like it should be good news. But here is the catch: WSIB uses this review to make a final determination about what you are capable of earning. If they decide you can earn more than you currently do, your benefits could be reduced — permanently.

How LOE Benefits Work Before 72 Months

To understand why the 72-month review matters so much, you need to understand how your benefits are calculated before and after this point.

Before the Final Review

During the first 72 months, WSIB calculates your LOE benefits using this formula:

LOE = 85% x (Pre-Injury Net Earnings - Post-Injury Net Earnings)

If you are working, your post-injury earnings are based on what you actually earn. If you are not working because of your injury, WSIB may pay you full LOE benefits — 85% of your pre-injury net earnings.

WSIB reviews your claim periodically during these 72 months. Your benefits can go up or down based on material changes in your circumstances (generally a 10% or greater change in earnings).

At the 72-Month Review

At the final review, WSIB locks in your benefit amount. But here is the critical part: they do not just look at what you are actually earning. They look at what they believe you could earn. This is where deeming comes in.

What Is Deeming and Why Does It Matter?

"Deeming" is the process where WSIB calculates your benefits based on what they determine you are capable of earning in a suitable occupation — whether or not you actually have that job.

Here is how it works:

1. WSIB identifies a "Suitable Employment or Business" (SEB) based on your physical abilities, skills, education, and work experience
2. They research what that job typically pays in your area
3. They use that salary figure as your post-injury earnings — even if you do not have the job

Example of How Deeming Reduces Benefits

Say your pre-injury net earnings were $1,000 per week. You have not been able to return to work due to your injury, so you have been receiving full LOE of $850 per week (85% of $1,000).

At the 72-month review, WSIB determines you are capable of working as a customer service representative earning $700 per week. Even though you do not actually have this job, your benefits are now calculated as:

LOE = 85% x ($1,000 - $700) = $255 per week

Your benefits just dropped from $850 to $255 per week. And after the 72-month lock-in, this amount is permanent.

Why Workers Say Deeming Is Unfair

Many injured workers describe deeming as being "deemed capable of jobs they physically cannot do." Common complaints include:

• The identified job does not account for all of their limitations, including chronic pain, fatigue, and mental health impacts
• The job does not exist in their community or they cannot get hired due to their injury history
• WSIB relies on outdated vocational assessments that do not reflect their current abilities
• The deemed earnings are based on starting wages for occupations that require retraining they never received

Whether or not you agree with the process, deeming is how WSIB operates under the law. The best thing you can do is prepare for it.

The Pre-Lock-In Timeline: What Happens Between Month 67 and 72

WSIB does not wait until the last day to make this decision. The review process typically begins around month 67, giving WSIB about five months to gather information and make a determination.

Here is what happens during that window:

This means you should start preparing well before month 67. Ideally, you should begin at least a year before your 72-month date.

How to Prepare for the 72-Month Review

1. Know Your 72-Month Date

Your 72-month date is exactly 6 years from your date of injury. If you were injured on March 15, 2020, your 72-month date is March 15, 2026. Mark it on your calendar and start preparing at least 12 months before.

2. Get an Updated Medical Assessment

Ask your doctor or specialist to provide a detailed report of your current functional abilities and limitations. This should include:

• All physical restrictions (lifting, standing, sitting, walking)
• Chronic pain levels and how they affect daily function
• Mental health impacts (anxiety, depression, PTSD related to the injury)
• Medication side effects that limit your ability to work
• Any conditions that have worsened since your last assessment

Make sure the report is recent — ideally within 3 to 6 months of your review date. WSIB will give more weight to current medical evidence.

3. Request a Vocational Assessment

If WSIB has identified a Suitable Employment or Business for you, ask for the details in writing. Review whether the identified occupation truly matches your abilities. If it does not, consider getting an independent vocational assessment from a qualified vocational rehabilitation consultant.

An independent assessment can challenge WSIB's determination by showing that the identified job is not realistic given your limitations, education, location, or labour market conditions.

4. Document Your Job Search Efforts

If you have been trying to find work within your abilities, keep detailed records:

• Jobs you applied for and the outcomes
• Interviews you attended
• Any accommodations you requested and whether they were provided
• Feedback from employers about why you were not hired

This evidence shows WSIB that your inability to earn income is not due to a lack of effort.

5. Keep Records of All WSIB Communications

Save every letter, email, and phone note from WSIB. If your case manager tells you something important over the phone, follow up with an email summarizing the conversation. Written records matter when you need to appeal.

6. Consider Getting a Representative

The 72-month review is one of the most consequential moments in your claim. A licensed paralegal or lawyer experienced in WSIB matters can:

• Review your file before the decision is made
• Advocate for a fair assessment of your abilities
• Challenge an unfair suitable occupation determination
• File an appeal if the decision reduces your benefits unfairly

Your Rights During the 72-Month Review

You are not a passive participant in this process. You have rights:

• Right to be informed: WSIB must notify you before the final review and explain what is being considered
• Right to submit evidence: You can provide medical reports, vocational assessments, and other documentation
• Right to respond: If WSIB proposes a suitable occupation, you can respond with reasons why it is not appropriate
• Right to appeal: If the final decision reduces or ends your benefits, you can object within 30 days

What If You Disagree With the Decision?

If your benefits are reduced at the 72-month review, you have 30 days from the decision date to file an Intent to Object and request reconsideration by an Appeals Resolution Officer (ARO). If the ARO decision is also unfavorable, you can appeal to the Workplace Safety and Insurance Appeals Tribunal (WSIAT) within 6 months.

Do not miss these deadlines. Once the 72-month lock-in takes effect without a challenge, it becomes very difficult to change.

Special Rules: Workers Aged 55 and Older

If you are 55 years or older when you become entitled to LOE benefits, you may have the option to "lock in" your current LOE payments early. This means:

• Your current LOE amount is fixed
• You receive payments until age 65
• No further reviews will be conducted

This election is permanent and cannot be reversed. It can be a good option if you are concerned about deeming reducing your benefits, but you should get advice before making this choice.

Post-72-Month Exceptions

After the lock-in, WSIB can only reopen your LOE in limited circumstances:

• Fraud or misrepresentation
• Failure to disclose a material change before the 72-month date
• An obvious error in the original determination
• Significant medical deterioration leading to a new NEL assessment
• An incomplete labour market re-entry plan at the time of lock-in

Outside of these situations, your locked-in amount is final.

Do Not Wait Until It Is Too Late

The 72-month review is the single most important event in a long-term WSIB claim. Workers who prepare early get better outcomes. Workers who are caught off guard often see their benefits drop with little recourse.

Know exactly when your 72-month review is coming.

ClaimNexus tracks every critical deadline in your claim — including the 72-month LOE lock-in date. Our Deadline Calculator counts down to your review so you have time to prepare, and the Claim Health Check identifies gaps in your file before WSIB does.

Check your deadlines →

Run a free Claim Health Check →

---

This article is for informational purposes only and does not constitute legal advice. Every WSIB claim is different. For advice specific to your situation, consult with a licensed paralegal, lawyer, or contact WSIB directly.