Appealing a Workplace Safety and Insurance Decision – WSIB Fact Sheet 2
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If the Workplace Safety and Insurance Board (WSIB) denies or terminates your claim and you do not agree with the decision, you have the right to appeal. There are appeal time limits that NEED to be met according to the issue under dispute.
- Failure to meet the appeal deadlines may prevent you from proceeding with your appeal.
What Are the Appeal Time Limits?
The time limits to appeal a written WSIB decision should be indicated within the letter and are calculated using the date of that decision. The time limits to appeal are:
- 30 days for return-to-work disputes
- 6 months for all other appeals
How Do You Appeal a WSIB decision?
When you receive a decision from the WSIB decision maker that you do not agree with, you must complete and submit the WSIB Intent to Object Form (ITO). This form is available from the WSIB website at https://www.wsib.ca/en/forms#Object. Members can also call or write the WSIB to request the form and they will forward a blank copy. While we recommend that you complete and submit the WSIB ITO, you can also send a letter explaining what decision you are objecting to and your reasoning why.
- Failure to submit your objection within the prescribed time limits may result in a loss of the right to appeal the decision.
A decision letter may contain multiple decisions on more than one issue. You should indicate the issue(s) you are objecting to and clearly indicate the date of the decision letter that addresses that issue. If you disagree with decisions made in more than one claim, you must submit an Intent to Object Form under each claim in order to meet the objection time limits. When completed, the ITO should be faxed, uploaded online, or mailed directly to the WSIB. Follow up with the decision maker prior to the appeal deadline to confirm receipt of your completed ITO form.
Upon receipt, the WSIB will review the objection and reconsider their decision if any new information is provided. The decision maker may confirm, amend, or revoke the decision. The WSIB will advise you of the outcome of their review. If the decision to deny remains unchanged, you will be sent a copy of your WSIB claim file with a new form called the Appeal Readiness Form.
The Appeal Readiness Form should only be submitted when the decision maker at the WSIB operations level has considered all the information related to the issue(s) under dispute and you are ready to proceed to a hearing at the Appeals Services Division (ASD). It is recommended that you seek advice and/or assistance from a representative prior to submitting the Appeal Readiness Form.
- OPSEU/SEFPO cannot go on record as your representative until we have reviewed your file and the Retainer is completed.
If OPSEU/SEFPO agrees to represent you in your appeal, you agree to the Retainer, have signed and sent it back to OPSEU/SEFPO, the OPSEU/SEFPO representative will complete and submit the Appeal Readiness Form on your behalf. Please refer to WSIB Fact Sheet # 3 WSIB Appeals Assistance for more information.
The Appeals Readiness Form will require you to indicate your preferred method of resolution (Hearing in Writing or Oral Hearing). If you request an oral hearing, you may need to provide reasons why you think one is necessary. The method of hearing will be determined by the Appeals Services Division (ASD) staff, and you will be advised of their decision. The decision to deny an oral hearing cannot be appealed. Since the COVID-19 pandemic of March 2020 and resulting suspension of in-person hearings both the WSIB and WSIAT have offered hearings via teleconference or video conference. These options continue to be available.
If the ASD decides an oral hearing is necessary, they will attempt to schedule one to be held within 90 calendar days after they confirm the oral hearing is required. Therefore, it is imperative that you are ready to proceed when the form is submitted.
If the ASD decides that your hearing will be dealt with in writing, you will be sent a letter and asked to forward any written submissions within 30 days (plus 5 days for mailing). The file will be forwarded to an Appeals Resolution Officer (ARO), and a written decision will be made based on the information on file and any additional submissions made within the deadline.
The ARO will either allow the appeal or uphold the original decision. You will receive the Appeals Resolution Officer’s decision in writing. This final WSIB decision can be appealed to the Workplace Safety and Insurance Appeals Tribunal (WSIAT).
How Do I Appeal to the Workplace Safety and Insurance Appeals Tribunal?
The final level of appeal takes place at the WSIAT. You must complete the Notice of Appeal form and submit it to the WSIAT within 6 months of the date of the final WSIB ARO decision. The ARO decision must also be attached to the Notice of Appeal form.
The Notice of Appeal is available on the WSIAT site https://www.wsiat.on.ca/en/forms/index.html. You can mail, fax or e-file the Notice of Appeal form and the attached ARO decision to WSIAT. You should keep a copy of the fax or upload confirmation for your records. You may wish to follow up with the WSIAT to ensure they have received the WSIAT Notice of Appeal form.
- Decisions made at the WSIAT level are final.
For more information on obtaining assistance, please see WSIB Fact Sheet # 3 WSIB Appeals Assistance.
Contact Us
To contact the OPSEU/SEFPO Worker Safety Unit:
Email: [email protected]
Call: 1-800-268-7376
THIS PUBLICATION CONTAINS GENERAL INFORMATION AND IS INTENDED AS REFERENCE ONLY. IT IS NOT INTENDED AS SUBSTITUTE FOR INDEPENDENT LEGAL ADVICE REGARDING YOUR PARTICULAR SITUATION.