Objections to FEL Determinations

Policy

Any worker or employer whose interests are affected by compensation for future loss of earnings arising from a work-related injury has a right to object to that decision based on the circumstances as they were, at the time of original determination.

Guidelines

Basis of objection

The issues on objection may be that

  • the WSIB did not properly consider all the evidence available at the time of the determination or review, or that
  • the WSIB did not properly interpret the available evidence in calculating the worker's future loss of earnings.

Application date

This policy applies to all FEL decisions made on or after January 1, 1991, for accidents from January 2, 1990 to December 31, 1997.

Document History

This document replaces 18-04-16 dated June 14, 1999.

References

Legislative Authority

Workplace Safety and Insurance Act, 1997, as amended
Sections 102, 120

Workers' Compensation Act, R.S.O. 1990, as amended
Sections 43, 72

Minutes

Administrative
#11, June 25, 2004, Page 380

Board of Directors
#2, December 7, 1990, Page 5414