Appealing a Workplace Safety and Insurance Board decision
Timelines
There are two different appeal deadlines that you need to be aware of.
- A decision about your reemployment rights, return to work issues and return to work plans, have a deadline of only 30 days to appeal the decision
- All other decisions have a deadline of six months after the date of the decision.
The appeal deadline date is communicated in writing on the decision from the WSIB. This can be found on the decision letter, on the first or last page.
Appeal to WSIB
The WSIB is required by law to communicate all decisions in writing. The WSIB decision-maker may call the parties to inform them of the decision. At this point, the parties may verbally notify the decision-maker of their intention to appeal.
After you receive the negative decision in writing, you must start the appeal process. To do this, you must fill out the Intent to Object Form and send it to the WSIB. You or your representative can submit it to your WSIB file.
Once the Intent to Object form is received by the WSIB. You will automatically be sent a copy of your WSIB file. The file will include an Appeal Readiness Form (ARF). Your appeal is not officially started until the WSIB receive the Appeal Readiness Form. There is no time limit to submit this form.
The form can be found here:
The Hearing
A hearing is conducted by an Appeals Resolution Officer (ARO) who will hear all sides of an issue including any new evidence and makes a new decision.
There are two hearing formats that the WSIB utilizes to hear hearings.
Hearing in writing – is a hearing based on the documents and submissions in the file. If you request a hearing in writing on the ARF, you must include any additional submissions with the form. If the WSIB decides that the hearing is not suitable for an oral hearing, you will receive a letter indicating that you have an additional 30 days to submit any further information and legal submissions
Oral hearing – is an in person hearing at a WSIB office. The participants are required to attend are those participating in the appeal including the worker and employer if they are participating. The participant may also bring witnesses to support their argument.
Due to the Covid-19 lock-down, the WSIB now conducts ARO hearings via teleconference or videoconference.
If the WSIB does not change the decision, the objecting party has the right to appeal to the Workplace Safety and Appeals Tribunal
Appeal to Workplace Safety and Appeals Tribunal
The Workplace Safety and Appeals Tribunal (WSIAT) is a separate and independent institution. An appeal to the Tribunal must be made within six months of the ARO decision.
Find further information here