Appeals: Common definitions

Appeal

The process that occurs when a workplace party has completed an Intent to Object Form, an Appeal Readiness Form and the file is registered in the Appeals Services Division to resolve.

Appeal Readiness form

The form that workplace parties can complete and send to the WSIB. It allows the parties to make their argument about their appeal and indicate their opinion on how the appeal should be resolved.

Appeals resolution officer

The final decision maker of the WSIB.

Front-line decision maker

The individual that made the initial decision on an issue of entitlement or related to an employer account.

Hearing in writing

An appeal will be resolved by an Appeals Resolution Officer based on the evidence found in the claim file and the Appeal Readiness Form and Respondent Form.

Intent to Object form

The form available on the WSIB website (link) that allows the workplace parties to provide new information that might alter a decision by the front-line decision maker as well as to bookmark their objection within the time required by the Workplace Safety and Insurance Act.

Objection

When a workplace party receives a decision that they disagree with they may advise the front-line decision maker that they wish to object to that decision.

Objecting party

The workplace party (worker or employer) or representative who disagrees with the decision made by the front-line decision maker and initiates an objection (appeal) to a WSIB decision.

Oral hearing

The appeal participants attend a WSIB office and appear in person (or by teleconference) before the Appeals Resolution Officer. The worker and witnesses, and employer if participating, answer questions under oath and oral arguments are made by the participants.

Oral hearing determination decision-maker

The decision maker who is evaluates the merits of a request for an Oral Hearing and witness, and communicates the decision in writing.

Participant

The workplace party who has completed a Participant Form and wishes to participate in the appeal of the objecting party.

Rebuttal

The chance to give evidence that explains, contradicts, or disproves evidence offered by the opposing party.

Respondent

The participant becomes the Respondent for the purposes of the appeals process; they are responding to the arguments/testimony of the objecting party.

Respondent form

The form that a participant (non-objecting party) completes to respond to the objecting party’s argument about the appeal, and to indicate their opinion on how their appeal should be resolved.

Time limit to object

To bookmark an objection is to indicate disagreement with a decision made by a front-line decision maker; if it is done within the time frame required by the Workplace Safety and Insurance Act the worker or employer can move forward with their objection whenever they are ready to do so.

Workplace parties

The worker who has a WSIB claim and the employer for that worker.

 

Forms

  • Intent to object (PDF)
  • Appeal Readiness
    (Mailed to you, along with your claim file record, once you have submitted an ITO)

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