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WSIB’s Appeal Modernization Initiative

Starting Friday, February 1st, the WSIB’s appeal modernization initiative comes into effect. 

This initiative will implement a range of significant changes to the way the WSIB conducts its appeal process.  There is some information on the WSIB website and attached is the transition document.

Here are the big changes:

  • Appeals will be forms driven similar to how the WSIAT operates (ushering in a new era of acronyms)

 

  • Statutory time frames will be strictly enforced unlike the current model which allows one year for all objections.  RTW and WT objections must be filed within 30 days, and all other matters (including re-employment objections) within 6 months

 

  • Many appeals will be determined by written format, with a smaller number being conducted in an oral hearing procedure.  The list is in the consultation report document (link given below)

 

There are other changes as well, which will be set out in the appeal branch’s (formally called the Appeal Services Division)  practice and procedures guidelines which do not appear to be available on the Board’s website as of the time of writing this.

The critical action item is:

 

  1. if you intend to object to a decision but haven’t done so yet, do so immediately by writing in an objection letter as the new forms are not yet posted on the WSIB’s forms site.  Copies of the forms are available as part of the appeals modernization consultation report document but not readily useable as actual objection forms.  I would suggest incorporating the requested information on the form in your objection letter.  I am not sure how the WSIB will deal with appeal time limit transition issues such as a 30 day RTW period that expired last week under the new rules but has another 11 months to go under the current rules.  The link to the consultation report document is http://www.wsib.on.ca/files/Content/AppealsAppealsModernizationConsultationreport/ConsultationReportAppealsModernization.pdf

More information is available at this site http://www.wsib.on.ca/en/community/WSIB/ArticleDetail?vgnextoid=f2254b81824a7310VgnVCM100000469c710aRCRD   

 

The OEA is ready to assist with your questions.  The Practice and Procedures Guide should be up any time now, so keep checking the WSIB website, and read it if you do appeals.

Michael Zacks
Director (A) and General Counsel
Office of the Employer Adviser
151 Bloor St. W. Suite 704
Toronto ON M5S 1S4
Tel: (416) 314-8735
Fax: (416) 327-0726
www.employeradviser.ca