Appeals: Formal appeal

If after objecting you are still not happy with the decision, be sure you are ready and that we have all the relevant information that you want us to consider in support of your appeal. You should then complete the Appeal Readiness form and return it to the decision-maker.

There is no time limit for submitting the Appeal Readiness form.

Non-objecting party (respondent)

The non-objecting party is the employer if the worker appeals a decision in their claim. If the employer is the objecting party the worker then becomes the non-objecting party.

Once an appeal is with the Appeals Services Division, the non-objecting party who has chosen to participate in the appeals process becomes the respondent.

If you are the non-objecting party and you would like to participate in the formal appeal, you must complete the Participant Form and return it to the decision-maker within 30 calendar days (plus five days for mailing) from the date on the letter sent along with the Participant Form. The Participant Form will be sent the non-objecting party when the objecting party returns the completed Intent to Object form.

If you do not fill out the form to express an interest in participating, we will not include you in any further activity related to the appeal.

If you are not participating in an appeal, we will send you a copy of the written decision when the appeal process is completed.

Rebuttal by the objecting party

The objecting party can have an opportunity to review and respond to what the respondent has argued in their submissions. This response opportunity is called a rebuttal. A rebuttal opportunity may be available for hearing in writing cases, both where a hearing in writing was requested and where an oral hearing was requested and denied. This will only happen when the Appeals Services Division concludes that the respondent’s submission contains significant new evidence or argument.

You will have 21 calendar days (plus five days for mailing) from the date of the letter providing the rebuttal opportunity to provide your rebuttal response to the Appeals Services Division.

When providing evidence in response to what the opposing party has argued, you should describe:

• what facts you agree with
• what facts you disagree with and why, and
• what additional information you have, if any.

In a rebuttal you should not raise new appeal issues or arguments. You should only respond to what was raised by the opposing party.

To provide a useful rebuttal in an oral hearing setting, you should both try to anticipate the argument of the other side, and pay attention to what the other side is saying.

Requesting method of resolution on the Appeal Readiness form

Appeal hearings may be conducted in writing, in person or by teleconference.

If you would like to request a hearing in writing as a method of resolution, complete section 4 of the Appeal Readiness form and include your full submission (i.e., your full argument to support your appeal). Also complete section 6 and select hearing in writing.

If you request an oral hearing, complete section 4 and select, my position on the issues(s) in dispute is provided below and indicate, see section 6. Check off oral hearing.

Based on the Appeals Services Division Practices & Procedures document, and the information on the Appeal Readiness form and Respondent form, the Appeals Services Division will make a decision on how the appeal will proceed.

While the workplace parties can state their preference, the WSIB decides if a case is best resolved through a hearing in writing, an oral hearing, or oral hearing by teleconference. For more information, see the Appeals Services Division Practice and Procedures on methods of resolution on the WSIB website.

Respondent’s view on method of resolution

Even if the objecting party requests a hearing in writing, you, as the respondent, can provide your view on the method of resolution on the Respondent form. A decision-maker will make the oral hearing determination based on the Appeals Services Division Practice & Procedures document, and the information on the Appeal Readiness Form.

If you don’t return your Respondent form within the time allowed, we assume that you have chosen not to participate, and the appeal will proceed without you. You will receive a copy of the appeal decision when the appeal is concluded.

Witnesses

If either the objecting party or the respondent has requested an oral hearing on their Appeal Readiness form, they are required to include a list of witnesses they wish to appear at the hearing, A “will say” statement should be attached. This is a brief summary of the evidence the witness will provide at the hearing.

The oral hearing determination letter will indicate the issues that will be addressed at the hearing and the names of the witness or witnesses who have been approved. If a witness is not approved the letter will explain why.