Appeals Practices and Procedures

We review and update our Appeals Services Practices and Procedures document every one to two years.  On this page, we’ve highlighted a few of our practice guidelines that people often want to know more about. You can see our

 for all our appeals practice guidelines.

Objecting to a front-line decision/ Intent to object

Adverse decision

A front-line decision maker will send you a letter explaining the decision once it’s made. If you disagree with the decision, the letter explains what to do and advises of the time limit to object to the decision. See the Practice guideline on Time Limit to Object.

If you have questions or concerns about the decision, the decision maker will review the concerns with you, explain the rationale for the decision and address/review any new information you may provide. If the decision doesn’t change, you can proceed with your objection.

Intent to object and possible reconsideration

If the objection is to an employer account issue, see the Practice guideline on Employer account appeals in our

. 

For claim-related issues, you, as the objecting party, must get a blank Intent to Object form from our website, through the mail, or, upon request, by calling the WSIB at 1-800-387-0750.

This form lets you confirm your intent to object to a decision within the time limit set out in the Workplace Safety and Insurance Act. This form also gives you, as the objecting party, an early opportunity to provide new information that could impact the decision of the front-line decision maker.

The Intent to Object form requires the following information:

1. Claim identifiers (worker name and claim number);
2. Identification of the objecting party;
3. General information about the objecting party;
4. Representative contact information;
5. Date of decision(s) being objected to and the issues in dispute contained in the decision letter(s);
6. Reasons for the objection or disagreement with the original decision;
7. Indication of whether there is new information or additional explanation provided;
8. Signature and date.

The completed Intent to Object form can be submitted at wsib.ca/submit or can be mailed to the WSIB within the time limit stated in the decision letter. Refer to the Practice guideline on Time limit to object.

While the WSIB prefers to receive the Intent to Object form, we will also accept a letter of objection including your name, the claim number, the date the decision you are objecting was made and which issues you disagree with.  You can also include any new information you want us to consider.

Access

For a claim-related objection, the Access Department will provide the objecting party with access to the file record (in accordance with WSIB policy) along with an Appeal Readiness Form and instruction sheet. An appeal will not move forward in the Appeals Services Division until all access issues have been resolved either through consent or by order of the WSIB or by the Workplace Safety and Insurance Appeals Tribunal (on appeal).

The non-objecting party will be sent a Participant Form. If the non-objecting party is the employer, they will not be provided with access to the claim file record at this time. Access will be provided once the objecting party (the injured/ill person) has submitted the Appeal Readiness Form and has provided consent to release their health care information in the claim file.  Then, the non-objecting party will be provided with a Respondent Form, along with access to the claim file, and will be granted 45 days to complete and submit the Respondent form.

In the case of an employer account objection, access to the firm file is not provided automatically, but the employer/representative is given the opportunity to obtain access if they choose, through the firm file access area. The contents of a firm file are comprised primarily of correspondence between the WSIB and the employer, which makes the need for access to that information less likely.

For transfer of cost employers, (an employer, not the accident employer, who has been charged all or part of the claims costs due to the negligence of one of their employees), access is given to allow effective participation in the appeal process. Access to transfer of cost employers is provided in the same manner as regular employers, except the injured/ill person can object to the disclosure of any information in the claim file, not just health care information.

Appeal Readiness Form

You should return the Appeals Readiness Form when you are ready to proceed with your appeal. This tells us you are ready to start the formal appeal process with the Appeals Services Division.

If you have additional information or want the issue to be considered under another policy, and neither has been considered by the front-line decision maker, you can provide that information/argument on the Appeal Readiness Form for the front-line decision maker to consider. When the front-line decision maker has fully considered all issues, the appeal will be referred to the Appeals Services Division.

You should only submit the Appeal Readiness Form once:

1. you have gathered all of the information related to your appeal;
2. you have all you written information in support of your appeal ready for submission along with the Appeal Readiness Form;
3. you have resolved any issues with access to copies of the health care information in the claim file; and,
4. you are available to attend an oral hearing within 90 days, if that is the method of resolution you have requested.

The Appeal Readiness Form must be fully completed and can be submitted though our website, mailed or faxed to the WSIB.

Time limit to object

Overview

Section 120 of the Workplace Safety and Insurance Act sets the time limits to object to WSIB decisions. There is a 30-day time limit to object to a WSIB decision about:

• return-to-work
• re-employment
• labour market re-entry plan (currently return-to-work plan) made on or after January 1, 1998

There is a six-month time limit to object to any other WSIB decision made on or after January 1, 1998, including employer account decisions.

The WSIB will default to the six-month time limit if you are objecting to two different decisions with two different time limits.  For example, if you are objecting to both a return to work plan with a 30-day time limit, and a loss-of-earnings decision with a six month time limit, you have six months to object to both decisions.

Completing the Intent to Object Form

When the WSIB issues a decision, the decision letter will include the applicable time limits for objecting to the decision. In order to meet the Section 120 time limits, the WSIB must receive your completed Intent to Object form, or a letter of objection, within the time limit set out in the decision letter.

Please note, there is a separate Objection Form for employers who object to a decision about their account. See Employer account appeals in our

 for more information.

If you want to object to a decision after the time limit has expired, the WSIB may extend the time limit based on certain criteria. You must write to the front-line decision maker to request an extension and let them know why you did not meet the time limit.  Your request for an extension will be considered by the decision maker who will notify you in writing of their decision.

Criteria for extending time limit to object

These are the criteria we use to consider a time-limit extension request:

1. Whether there was actual notice of the time limit in the decision you received. This acknowledges that as of January 1, 1998, decisions specifically refer to the time limits but prior to that date, they do not;
2. You have experienced serious health problems;
3. Someone in your immediate family has experienced serious health problems;
4. You had to leave the province/country due to an illness or death of a family member;
5. You have a condition that prevents you from understanding the time limit and/or meeting the time limit;
6. There is information in the claim file that you objected to a particular issue, even though you did not submit an Intent to Object form or an objection letter;
7. You have objected to other closely related issues within the time limit and those other related issues are so intertwined with the issue that was not objected to within the time limit that the appeal cannot be reasonably resolved without waiving the time limit
8. Whether the decision was issued between March 16, 2020 and September 13, 2020 when the Ontario Government temporarily suspended time limits due to the pandemic state of emergency?
9. From February 22 to March 16, 2023 there was a delay in people receiving letters from us because of a printing issue. Because of this delay, we extended the appeals timeframe to September 30, 2023 for any decisions dated between February 22 and March 16, 2023.

Appealing time limit rulings

Any of the workplace parties may appeal a Section 120 time limit decision that either denies or allows any workplace party’s request for a time limit extension.  The objecting party to the time limit decision must submit a completed Intent to Object form in order to proceed with their Section 120 time limit appeal. An Appeals Readiness Form is not required in these appeals.

Once the front-line decision maker receives the completed Intent to Object form, they will complete an Appeals Branch Referral Memo indicating time limit appeal and place the memo on file. The front-line Manager will forward the Appeals Branch Referral Memo to the Appeals Services Division. The front-line Manager will send a letter to the parties notifying them that the Section 120 time limit appeal has been referred to the Appeals Services Division.

When the Section 120 time limit appeal is received in the Appeals Services Division, the Registrar will review the file to ensure it is appeal ready.  If the Registrar confirms it is appeal ready, they will refer the appeal to the Appeals Coordinator to register the appeal.  The Appeals Coordinator will then send a letter to the parties giving them 30 days to send in any further information about the time limit issue.

Once we receive everyone’s information, or when the deadline has passed, the Registrar will make the time limit decision and send the parties the decision within 30 days.  The Registrar is the final WSIB decision maker for time limit appeals.

If we decide to give you the time-limit extension, the file will be returned to the front-line decision making area. You can then start your appeal about the decision that needed the extension. To do this, contact the original front-line decision maker who will start the Access/Appeal Readiness Form process. See our

 for more information.

If we do not grant your time-limit extension, our letter will tell you about any next steps you may take, including how to appeal to the Workplace Safety and Insurance Appeals Tribunal.

Role of appeal participants

Objecting party

The objecting party is the person (injured/ill person, their employer) or their representative who disagrees with the decision made by the front-line decision maker and starts an objection (appeal) to a WSIB decision by first completing an Intent to Object form.

If the decision is not changed by the front-line decision maker after reviewing the Intent to Object form, the objecting party is then sent an Appeal Readiness Form.  There is no time limit for completing and returning the Appeal Readiness Form. The objecting party completes and sends us the Appeal Readiness Form when they are ready to start the appeal process.

Non-objecting party (respondent)

The non-objecting party is the other person involved in the appeal.  They are a participant in the appeal when they have confirmed on the Participant Form that they want to participate in the appeal. In the appeals process, the non-objecting party becomes the Respondent.

It is important that the Participant Form is completed and returned as soon as possible to ensure you are included in the appeal process.

If the non-objecting party has chosen not to participate on the Participant Form or does not return the Participant Form to the Appeals Services Division, we will not include that party in the appeal proceedings; however, they will be sent a copy of the Appeals Resolution Officer’s decision.

Third parties may be included in the appeal in certain circumstances (for example, successor employers and/or associated employers or multiple workplace exposures involving more than one employer). If an employer is no longer in business and their WSIB account has been closed, we usually do not include them in the appeals process. However, we may still ask for information from the former officers or employees of the company if we need it to help make a decision.

Role of the Appeals Resolution Officer

All appeals accepted by the Appeals Services Division are dealt with by Appeals Resolution Officers, with the exception of Section 120 time limit appeals*. Decisions are reached using one of two resolution methods, Hearing in Writing or Oral Hearing, which are decided by based on the issue under appeal. The method of resolution will be decided by the Registrar. In the case of an employer account appeal, the method of resolution will be decided by an Appeals Resolution Officer.

Appeals Resolution Officers are responsible for resolving appeals. In performing their duties, Appeals Resolution Officers will comply with the following code of conduct:

1. Act in a fair and impartial manner and avoid any conflicts of interest.
2. Be diligent and conscientious in the performance of their duties.
3. Treat all parties and participants in the appeal process with courtesy, dignity and respect.
4. Approach every appeal with an open mind, capable of fairly assessing and weighing evidence and avoid doing or saying anything that would cause a party to think otherwise.
5. Conduct enquiries that are necessary to properly resolve the appeal, and ensure appropriate protection for unrepresented parties, while respecting the non-adversarial nature of the WSIB’s adjudication system.
6. Reach decisions based on objective and independent assessments of fact in accordance with the Workplace Safety and Insurance Act and WSIB policy.

Process for deciding the method of resolution

The objecting party will have the option of requesting an oral hearing or a hearing in writing on the Appeal Readiness Form. The respondent can also make their request for an oral hearing or a hearing in writing on the Respondent Form.

Oral hearing

In certain cases, we will consider an oral hearing (video conference, teleconference or in-person) as the method of resolving the appeal.  For example, an oral hearing is the default method of resolution for initial entitlement to Chronic Mental Stress appeals. For a complete list of the type of issues that may be resolved through an oral hearing, please see the Oral Hearings’ list.

The Registrar will review the issue(s) in dispute written on the Appeal Readiness Form to decide if the issue(s) falls under the default oral hearing method of resolution. You can find the Oral Hearings’ list.

Each request for an oral hearing, whether by the objecting party or the respondent, is decided on a case-by-case basis. This is to ensure that a fair decision can be made on each issue that is being appealed.

Factors considered when deciding the method of resolution

If the answer is “yes“ to one or more of the following  questions, the Registrar will likely decide an oral hearing is the best method of resolution for the appeal:

1. Is direct testimony (making statements under affirmation) needed from the objecting party or witnesses? For example; Direct testimony may be required if one party’s information disagrees with the other party’s information about the accident date, time, place, location, etc.
2. Does the case have significant factual issues in dispute? For example: Surveillance video is presented as evidence, and the parties interpret this differently.
3. Is there a reason that a person who does not have a representative cannot make a submission in writing? For example; a person with a learning, communication disability or a significant language barrier and an interpreter is needed.           
4. Is the information about an injured/ill person’s non-organic functional abilities or limitations minimal or inconsistent? Some examples of these are: activities of daily living, persistent fears or issues associated with the accident, ability to perform common workplace tasks, and ability to interact with others both in and outside of the workplace.
5. Is there significant conflicting information and/or there is an issue with the reliability and consistency of the evidence?

Objecting party requests an oral hearing

1. You must include your arguments about the issue(s) you are appealing on the Appeal Readiness Form. Your reasons should match the criteria on the Oral Hearings’ criteria list for requesting an oral hearing.
2. When explaining why you are requesting an oral hearing, you should be as specific as possible in explaining why you want the oral hearing and how it is related to the issue(s) under appeal. For example, you should explain if there is any missing information, differences in statements, inconsistencies in medical reports and conflicting information between the injured/ill person, employer, co-workers and any witnesses.
3. When we receive the Appeal Readiness form, the Coordinator will look to see if there is a completed Participant Form in the claim file. If there is, we will send the participant a Respondent Form. Like the objecting party, the respondent should provide a detailed explanation as to why they are requesting an oral hearing and include their arguments on the issue(s) under appeal.
4. If there is no completed Participant form in the claim file, the Registrar will only consider the Appeal Readiness form when deciding the method of resolution.
5. The Registrar will review the Appeal Readiness Form and the Respondent Form, if completed and returned by the due date, together.

If either party has requested an oral hearing but the issue is not on the oral hearing criteria list, the Registrar will still consider your request by reviewing the “Factors considered when deciding the method of resolution" that would require an oral hearing.

Hearing in writing

In the Appeals Services Division, hearing in writing is generally the default method of resolution to hear an appeal. This means that, in most cases, the Appeals Resolution Officer assigned the appeal will make their decision by reviewing the information in the claim file and any written submissions on the Appeal Readiness Form and the Respondent Form.  The issues for a hearing in writing appeal are largely medical, legal or policy-based. Testimony would not add to, or clarify further, the information already in the claim file.

Objecting party requests a hearing in writing

1. You must include your arguments about the issue(s) you are appealing and the resolution you want on the Appeal Readiness Form.
2. When an appeal is resolved through a hearing in writing, there is no additional opportunity for you or the respondent to provide submissions (make your arguments) as the appeal is assigned directly to an Appeals Resolution Officer to make a final decision on the issue.
3. The Registrar reviews the Appeal Readiness Form and the Respondent Form together. If the respondent has requested an oral hearing, the Registrar reviews the reasons for this request. If the reasons for the request do not meet the criteria on oral hearings’ criteria list, the method of resolution remains a hearing in writing. 
4. If you request a hearing in writing, but the issue is on the oral hearings’ criteria list (for example, chronic mental stress), the Registrar will decide it as an oral hearing.
5. When reviewing the claim file, the Registrar will decide if there are other factors that would make an oral hearing the best method of resolution.

Notification of the method of resolution decision

After the decision is made about the method of resolution, here is what you can expect to happen next: 

If both parties request a hearing in writing:

1. Appeals staff will not contact the parties to let them know the decision on method of resolution.
2. The Registrar will review the Respondent Form and any attached submissions to decide if the respondent’s submission contains new evidence or an argument that is so significant that the objecting party should be granted time to respond to the submission. If so, the Registrar will send a letter and the respondent’s submission to the objecting party and give them 21 days to provide a written submission responding to the respondent’s submission. The case will be assigned to an Appeals Resolution Officer once the objecting party’s response has been received, or once the 21 days have passed, whichever happens first.
3. In all other circumstances, a hearing in writing appeal is assigned directly to an Appeals Resolution Officer to decide on the issue being appealed. The Appeals Resolution Officer will make a decision based on the submissions made on or attached to the Appeal Readiness form and Respondent Form, as well as the information in the claim file. The Appeals Resolution Officer will usually make a decision within 30 days.

 If an oral hearing is requested by the objecting party and/or respondent and allowed:

1. The Registrar will send the parties a letter confirming that an oral hearing has been allowed and confirm the appeal issues.
2. The hearing will usually take place within 90 calendar days from the date of oral hearing confirmation letter.
3. The Registrar will then refer the file to the Coordinator who will contact the parties to schedule the oral hearing.

If an oral hearing is requested by the objecting party and/or respondent and denied:

1. The Registrar will send the parties a letter letting them know that the method of resolution will be a hearing in writing.
2. The Registrar’s letter will give the objecting party and the respondent 30 days to make their arguments in writing on the issue under appeal.
3. The Registrar will review the Respondent Form and any attached evidence or submissions and decide if the respondent’s submission contains new evidence or an argument that is so significant the objecting party should be granted time to respond to the submission. If so, the Registrar will send a letter and the respondent’s submission to the objecting party and give them 21 days to provide a written submission responding to the respondent’s submission.  The case will be assigned to an Appeals Resolution Officer (Appeals Resolution Officer) once the objecting party’s response has been received, or once the 21 days have passed, whichever happens first.

Oral hearings’ criteria list

B1. Initial entitlement: disablement where there is evidence of factual dispute related to the worker’s job duties and/or there is insufficient information about the worker’s job duties
B2. Initial entitlement (generally two party): chance event where there is contradictory information and/ or testimony would add to the information already in the case material
B3. Initial entitlement: Chronic Mental Stress
B4: Complex occupational disease
B5. Complex non-organic conditions 
B6. Job suitability with or outside of injury employer: factual dispute
B7. Job suitability: information about the offered job(s) and worker’s functional information is either not on file or is incomplete, and the parties disagree about job suitability
B8. Co-operation in return to work
B9. Co-operation in work transition (Labour market re-entry)
B10. Work transition plans
B11. Re-employment (where the threshold for re-employment has been met)
B12. Complex final loss of earnings review: factual dispute
B13. Recurrence: 1 year or more from the date of injury/illness or 12 weeks or more of loss of earnings
B14. Survivor benefits: complex decisions of who is a spouse/dependent
B15. New organic condition where entitlement does not rest on medical compatibility
B16. Secondary conditions where entitlement does not rest on medical compatibility
B17. Transfer of cost
B18. Independent operator and worker status

Video conference, teleconference oral hearings

We are committed to providing our services in ways that respect the dignity and independence of people with disabilities. You can ask for an accommodation for an oral hearing and at any point in the appeals process.  Please tell us about your accommodation needs as soon as possible so we can help you more effectively. To ask for an accommodation during the appeal process or for a hearing, please contact the Coordinator at 1-800-387-0750.

If we decide that an oral hearing is needed to resolve your appeal, the oral hearing will generally be done by video conference.

When your hearing is scheduled, the Coordinator will send you a Hearing Notice letter. The letter will confirm the type of hearing (video conference, teleconference, or in-person), and provide you with the date and time of the hearing, and location if in-person.

Before we hold a hearing by video conference or teleconference, we will ensure that:

1. everyone involved in the hearing has access to the technology needed to participate
2. everyone attending the hearing has an updated copy of the claim file and all relevant information prior to the hearing
3. no one involved in the hearing will face any significant prejudice
4. any credibility issues that may be part of the appeal can be addressed, and
5. any accommodation needs are met.

For video conference hearings, we will send you and your representative an email/calendar invitation that will contain a link to the scheduled video conference and instructions on how to use that link to join the video conference at the scheduled date and time.

You should be available 30 minutes prior to the scheduled hearing time to ensure everyone’s video conference equipment is working and that there are no connectivity issues.

Who may attend a hearing?

1. The objecting party and their representative
2. The respondent and their respective representative
3. Witnesses approved by the Registrar or the Appeals Resolution Officer.

In-person oral hearing

We take a flexible approach to requests for in-person hearings.  The Registrar will review the oral hearings’ criteria list, the claim file information, and the circumstances of the case and will decide if an in-person hearing is the best method to resolve the appeal.

The following are some of the factors that the Registrar will consider when they decide if an in-person oral hearing is the best method to resolve the appeal:

1. Conducting a full and fair hearing in accordance with the principles of natural justice.
2. Individual needs of the parties, including accommodations.
3. The nature of the case and the issues.
4. The appeal hearing is expected to be lengthy, a full day hearing or multi-day hearing.
5. Timeliness and avoidance of unnecessary delays.
6. Any other relevant considerations, flexibility is the key.

Note: If the objecting party or respondent is temporarily unavailable to discuss the scheduling of an oral hearing for reasons beyond their control, such as the sudden and serious illness of the party or the need to leave the country to deal with an emergency, the appeal will not be withdrawn immediately. In these cases, the appeal will remain with the Coordinator who will place the case on administrative hold until the situation has resolved. If the party is unavailable for more than 30 days, we will decide whether to withdraw the case.

Hybrid hearing

We also offer appeal hearings through a hybrid format when a workplace party may not be able to attend an in-person hearing but can attend the hearing through video conference or teleconference. You must tell the Coordinator during scheduling if you are unable to attend in-person and let the Coordinator know which is your preferred option, video conference or teleconference.  The Coordinator will ensure you are provided with the necessary information to participate in the hearing by either video conference or teleconference.

Hearing date has been scheduled

Once a hearing date has been scheduled, the Coordinator will send a Notice of Hearing letter to the parties setting out the date and time of the video conference or teleconference hearing. In cases where an in-person oral hearing is approved, the Notice of Hearing letter will include the date, time and place for the hearing. Generally, in-person hearings will be held in the city where the claim file is administered or the city closest to that location where hearings are generally held.  In the case of an employer account appeal, the hearing will be held in the city where the employer account is administered, or the city closest to that location where hearings are generally held.

You should discuss any accessibility or accommodation needs, including if you need an interpreter, with the Coordinator when scheduling the hearing. You should also let the Coordinator know if you need to request a summons, or if you have any video evidence that will be submitted.

Hearing in writing disclosure process

When both workplace parties request a hearing in writing, they should include any submissions/arguments on or attached to the Appeal Readiness Form or Respondent Form. They will not have any further opportunity to argue the merits of the appeal with anyone in the Appeals Services Division before the file is assigned to an Appeals Resolution Officer to make a decision.

If the Registrar decides, after reviewing the Respondent Form and any attached evidence or submissions, that the respondent’s submission contains new evidence or argument that is so significant that the objecting party should be granted time to respond, the Registrar will send a letter to the objecting party giving them 21 days to respond to the respondent’s submission.

Alternatively, if one or both parties request an oral hearing, and the Registrar decides the appeal will be resolved through a hearing in writing, the Registrar will give both parties a further 30 days to make their detailed written submission. The parties must provide a copy of their written submission to the other party. The Registrar will again review the respondent’s submission to decide if there is new significant evidence or argument that needs to be provided to the objecting party for response. If yes, the Registrar will follow the same process as listed above.

Once the objecting party has provided their response, or the 21 days have passed, which happens first, the hearing in writing disclosure process is concluded.  The Coordinator will then assign the hearing in writing case to an Appeals Resolution Officer.

Oral hearing stage

If, at the time of scheduling, we receive a written request from the objecting party to obtain outstanding information, the case will be withdrawn as this would contradict the declaration of appeal readiness made when signing and sending in the Appeal Readiness Form. If it is the respondent making such a request, the case will proceed unless the outstanding information is so important that to proceed with the hearing would impact the Appeals Resolution Officer’s ability to make a decision based on the merits and justice of the case.

The parties are responsible for making sure that their approved witnesses will be available at the hearing.

Evidence

Evidence that did not exist

Once a file is registered in the Appeals Services Division (Appeals Services Division), there may be rare circumstances where the objecting party and/or the respondent submits to the Appeals Resolution Officer, either at the oral hearing or prior to the oral hearing, relevant evidence that did not exist when the Appeal Readiness Form or the Respondent Form were submitted.  The Appeals Resolution Officer will only accept this evidence if the party provides a reasonable argument why the evidence was not available at the time of they submitted the Appeal Readiness Form or the Respondent Form. 

Where evidence is submitted prior to the oral hearing, and the other party has not been copied, the Coordinator is responsible for ensuring that access to these documents is provided to the other party.

Evidence that did exist

For evidence that did exist at the time the objecting party and/or the respondent submitted the Appeal Readiness Form or Respondent Form, but was either missed by the representative(s) or was not provided to them by their client, the evidence will be accepted by the Appeals Resolution Officer, either before or at the oral hearing, if:

1. the Appeals Resolution Officer thinks it is relevant;
2. the parties involved in the appeal agree, and
3. the hearing will be able to be completed within the timeframe scheduled.

If the Appeals Resolution Officer accepts new evidence at the hearing, they will decide how to ensure fairness to the party receiving the additional documents at the oral hearing. This may include:

1. delaying the start of the hearing to give the representative an opportunity to review and discuss the documents with the party and/or witnesses;
2. offering the party to provide post-hearing submissions on any of the documents submitted;
3. postponing the hearing where the unfair disadvantage to the receiving party is so significant that no other procedure can overcome the disadvantage.

Witnesses

The workplace parties are expected to include on their Appeal Readiness Form/Respondent Form a list of their witnesses, along with a “will say” statement for each witness.

A “will say” statement is a brief summary of the evidence that each witness (other than the injured/ill person or employer) will provide at the hearing.

One person from the employer, known as a resource person, may attend the hearing, consult with their representative during the hearing, and testify. If the employer resource will also be a witness, a “will say” statement is required.

The Appeals Services Division expects that only one witness is needed to testify on the same or similar evidence. If a party believes that more than one witness is necessary to address the same or similar evidence, they must explain why the other witness needs to testify instead of providing a written statement. We will take a balanced approach on the number of witnesses for both the objecting party and respondent in both claims and employer account appeals.

Once the Registrar has made their decision on the witnesses who will attend the hearing, we will only allow additional witness in exceptional circumstances, such as late participation, late representation, or a late change in representation.

Summons

A summons is a document that requires a person to attend an oral hearing on a certain date to give testimony.  A summons can also require a person to provide a document important to the appeal.

The objecting party or the respondent may request a summons. A summons request must be in writing.  The party requesting a summons should include information about the request on the Appeal Readiness Form or the Respondent Form. The following information should be provided:

1. the name, current address and telephone number of the witness;
2. a brief statement outlining why the testimony is necessary for the appeal;
3. a brief statement indicating whether the witness is willing to attend;
4. a brief statement explaining why the summons is required.

The party requesting the summons must provide address information for the witness that is specific enough to allow us to locate the person to serve the summons. We will notify the requestor if the address information is not sufficient. We cannot serve a summons to addresses that only contain post office boxes or rural routes. We will make no efforts to locate the witness where the information provided is not sufficient.

In the case of documents, the request must identify the document(s) and indicate who has possession of the document(s). The request should also state the relevance and likely significance of the document(s).  When documents are in the control of one of the workplace parties, the parties are required to explore the release and exchange of documents rather than requesting a summons.

Interpreters

When a workplace party requests an interpreter, we will arrange for an independent and objective interpreter to be in attendance at an oral hearing. The party requesting the interpreter should include the following information about the request on the Appeal Readiness Form or the Respondent Form:

1. the need for an interpreter
2. the language spoken
3. the specific dialect

If the parties do not indicate they need an interpreter on the Appeal Readiness Form or the Respondent Form, but one is subsequently requested, your request must be made to the Coordinator at the time the oral hearing is scheduled. If the request is at least 14 days prior to the scheduled hearing date, the Coordinator will make every effort to obtain an interpreter. If an interpreter cannot be arranged, or if the request comes less than 14 days prior to the scheduled hearing date, the appeal may be withdrawn and the usual consequences associated with a withdrawal without good reason, will be applied. Refer to Practice guideline on Withdrawals in our

.

Reconsiderations

An Appeals Resolution Officer decision is the final decision maker of the WSIB. In an enquiry-based system, the information gathering activities leading up to the final decision engage the workplace parties in the process. This allows every opportunity for the parties to provide information and evidence in support of their respective positions.

A reconsideration is not an appeal or another level of appeal. A reconsideration will not be granted because a party disagrees with an Appeals Resolution Officer decision, or for a party to simply reargue the case. A reconsideration will only be granted in certain circumstances.

Criteria for reconsideration

The criteria for reconsidering of an Appeals Resolution Officer decision are:

1. a significant defect in the decision or the decision-making process that may reasonably affect the outcome;
2. failure to properly apply the Workplace Safety and Insurance Act or approved WSIB policy;
3. significant new evidence that did not exist* at the time the Appeals Resolution Officer decision was made, and that is relevant to the issue(s) under appeal; or
4. a typographical error that impacts the decision.

NOTE: *Exist vs. available: Material that was available but was not provided to the Appeals Services Division at the time the Appeals Resolution Officer decision was made will not trigger the reconsideration process.

Request for reconsideration from the workplace parties

A request for reconsideration from any of the workplace parties must be submitted in writing, first to the Appeals Resolution Officer and if necessary, to the Appeals Resolution Officer’s Manager, and finally, to the Senior Director of the Appeals Services Division. The submission must state the reasons for the request and which of the reconsideration criteria have been met. The request for reconsideration request should be detailed and comprehensive.

Dispute resolution and appeals process with redacted claim file information

Section 58(1) of the Workplace Safety and Insurance Act states:

Employer’s access to records:

“If there is an issue in dispute, the Board shall, upon request, give a worker’s employer access to such documents in the Board’s file about the claim as the Board considers to be relevant to the issue and shall give the employer a copy of those documents.”

Background

Case owners review information in claim files in accordance with section 58(1) of the Workplace Safety and Insurance Act. As such, we may send redacted copies of claim files to employers and/or their representatives when participating in the dispute resolution and appeals process.

If there is concern that the redacted information is relevant to the issue in dispute, the first step is to contact the case owner to discuss it. In instances where that information remains redacted and the appeal proceeds, please see the process below.

Dispute resolution and appeals processes in relation to section 58 of WSIA

When an appeal for a substantive issue – for example, initial entitlement – contains redacted information, and it is referred to the Appeals Services Division, the Appeals Resolution Officer reviews the entire claim file (including redacted information – medical or otherwise) as part of the overall appeal resolution.

Appeals Resolution Officers – through their training, documented Practices and Procedures, and experience – issue reasoned decisions based on the evidence they have.

1. If the Appeals Resolution Officer determines that any of the redacted information (medical or otherwise) is relevant to the issue in dispute, the Appeals Resolution Officer will:

   • ensure the claim file has the relevant redactions (but not necessarily all) removed and the clam file is updated for future reference
   • ensure updated access is provided for the parties
   • if required, allow for an extension to submit the Respondent Form and/or further submissions

   OR

2. If the Appeals Resolution Officer determines that any of the redacted information (medical or otherwise) is irrelevant to the issue in dispute (and therefore properly redacted) the appeal will proceed as per the usual process.

Redactions made under section 58 of the Workplace Safety and Insurance Act are administrative determinations that, in of themselves, are not appealable.