Appeals: Appeal is registered

Once you have completed and returned your Appeal Readiness form, your file will be referred to the Appeal Services Division and the Access Department at the WSIB. A copy of your file will be sent to the non-objecting party along with a Respondent form and a copy of the Appeal Readiness form you completed.

To speak to a customer service representative about the status of your appeal, call us at 1-800-387-0750.

Hearing in writing

If you requested a hearing in writing, an Appeals Resolution Officer will make a decision based on a review of the information contained in the claim file, along with information and/or submissions attached to the Appeal Readiness Form/Respondent Form.

Oral hearing

If you requested an oral hearing your case will be referred to a decision-maker who will decide on the method of resolution and communicate the decision to the workplace parties in the oral hearing determination letter.

How is the method of resolution decided?

The Appeals Services Division Practice & Procedures document provides two lists to describe the type of cases that would generally require an oral hearing versus those that could generally be decided through a hearing in writing.

An appeal may be selected to be decided as a written appeal when:

• there is a single issue under appeal
• the facts are generally not in dispute
• the medical evidence (if required) is complete and;
• testimony would not add to the information already in the case materials.

An appeal may be selected to be decided as an oral hearing when:

• the appeal involves conflicting/inconsistent information
• there are multiple issues and;
• there are complex facts that are dependent on an issue of credibility that can only be properly assessed in person, or direct testimony from the objecting party or witness(es).

On the form, both parties need to specifically describe how the facts of the case meet the criteria for an oral hearing.

Denial of a request for an oral hearing

If you have received a determination letter to let you know that your request for an oral hearing is denied, you can request reconsideration from the decision-maker by sending them a letter.

It is not necessary to provide any additional submission if you have already provided all the information on the Appeal Readiness Form. You will have 30 calendar days (plus five days for mailing) to complete and send any additional information. If you do not intend to make an additional submission, please advise the Appeals Services Division, as this may result in the decision being completed more quickly.

For more information on methods of resolution see the Appeals Services Division Practice & Procedures document.