Policy
The WSIB may reconsider any decision, and confirm, amend, or reverse it.
The individual making the reconsideration decision is responsible for advising the worker and the employer of the decision.
NOTE
In this document, references to workers also include survivors.
Guidelines
Who can reconsider decisions?
- The original decision-makers
- Decision-makers in the Appeals Services Division
- Decision-makers’ managers
- The managers’ managers, and/or
- Decision-makers in Stakeholder Compliance Services
Reconsiderations in the operating area
If a manager reconsiders a decision, the manager does not assume responsibility for the management of the claim or employer file. This responsibility remains with the original decision-maker.
Communicating decisions
If a decision-maker confirms, amends, or reverses a previous decision, a letter is sent to the relevant workplace parties:
- stating the decision
- explaining the rationale, including any applicable legislation and policy
- outlining the information used to make the decision, and
- advising both parties of their right to object.
Objecting to reconsiderations
Reconsiderations do not replace the right of workplace parties to object to a decision, and should not be viewed as an alternative to launching a formal objection.
Reconsiderations in the operating area
The WSIB encourages workers and employers who disagree with the outcome of a reconsideration to call the decision-maker and discuss their concerns. This should help to clear up any misunderstandings that may exist, and avoid unnecessary objections.
Workers and employers may object to any reconsideration made by the decision-maker. If the decision-maker cannot resolve the objection, they refer the objection to the Appeals Services Division.
Application date
This policy applies to all reconsiderations of decisions made on or after September 29, 2023, for all accidents.
Document history
This document replaces 11-01-14 dated October 12, 2004.
This document was previously published as:
11-01-14 dated December 14, 2001
01-01-07 dated August 27, 1997.
References
Legislative authority
Workplace Safety and Insurance Act, 1997, as amended
Sections 119, 121, 131
Workers' Compensation Act, R.S.O. 1990, as amended
Section 70
Minute
Administrative
#2, September 26, 2023, page 623