Appealing a WSIB decision, from the objection to the Appeals Tribunal

Three levels between a WSIB decision and a final answer

A decision letter from the Workplace Safety and Insurance Board can be challenged twice inside the Board and once outside it. The decision-maker who signed the letter looks at it again first. An Appeals Resolution Officer then gives the Board's final decision, and only that decision can go to the Workplace Safety and Insurance Appeals Tribunal (WSIAT), which is independent of the Board.

Karb Law files objections, prepares appeal submissions and represents workers and employers at both bodies. Angelina Shuster is a paralegal licensed by the Law Society of Ontario, and By-Law 4 allows licensed paralegals to appear before tribunals set up under Ontario law. The Board itself asks that a representative be licensed by the Law Society unless an exemption applies. This page describes the procedure in general terms. It is not legal advice, and reading it does not create a paralegal-client relationship.

Decision-makerReconsiders the letter they signed. An objection is usually reviewed within 14 business days.
Appeals Resolution OfficerDecides in writing or after an oral hearing. This is the Board's final decision on the issue.
Appeals TribunalHears only issues decided in a final WSIB decision. The Notice of Appeal is due within 6 months.

The deadline depends on what the letter decides

The time limit is printed in the decision letter, and the objection has to reach the Board before it runs out. Section 120 of the Workplace Safety and Insurance Act, 1997 sets the two periods the Board applies, and section 125 sets the period for the Tribunal.

What the letter decides	Time	When the time has passed
Return to work, including re-employment	30 daysfrom the decision date	A letter to the decision-maker asks for an extension and gives the reason for the delay. The Board answers in writing.
Any other issue, such as initial entitlement, loss of earnings, health care or permanent impairment	6 monthsfrom the decision date	The same letter to the decision-maker, with the reason for the delay.
One letter that decides both kinds of issue	6 monthsfor the whole letter	The longer limit applies to every issue in that letter.
The Appeals Resolution Officer's final decision, taken to the Tribunal	6 monthsfrom the final decision	An application to extend time explains the delay. A Vice-Chair or a Panel of the Tribunal decides it.

The objection can be made on the Board's Intent to Object form or by letter. Either way it names the date of the decision, the issue in dispute, any new information and the outcome the party is asking for. The firm files the objection inside the period first and builds the evidence after it is filed.

What the Appeal Readiness Form asks for

When the decision-maker keeps the decision, the Board sends a copy of the claim file, the Appeal Readiness Form and an instruction sheet. Before a representative can see that file, the Board needs the party's written authorization, so that form goes in with the objection.

1The claim file is read page by page for what is missing, such as a medical report, an incident record or a job description. Missing items go to the decision-maker before the appeal is argued.
2Section 4 holds the written argument: why the decision is wrong, under which Board policy, and on what evidence. A request for an oral hearing is explained here as well.
3Section 6 records whether a hearing in writing or an oral hearing is preferred. It is a preference, and the Board makes the choice.

Written review or oral hearing at the Appeals Resolution Officer

Hearing in writing

The Appeals Resolution Officer reads the claim file and the forms and decides on that record. Nobody attends, so section 4 and the documents in the file carry the whole appeal.

Oral hearing

Scheduled within 90 calendar daysDecision usually mailed within 30 calendar days

The worker, the employer if it takes part, and their representatives attend, and witnesses can give evidence in person.

When the Board refuses an oral hearing, reconsideration of that refusal can be asked for within 30 days, with further submissions within 14 days. Once the Appeals Resolution Officer has decided, the Board will look at that decision again within two years where an error could change the result, the law or a policy was applied wrongly, or significant new evidence has come up. The other route from that point is the Appeals Tribunal.

At the Appeals Tribunal since the May 2024 changes

The Tribunal hears an appeal only on issues that a final WSIB decision dealt with, and a Case Manager's decision is not a final one. The appeal starts with the Notice of Appeal for Workers or the Notice of Appeal for Employers, with a copy of the final decision attached, sent through the Tribunal's E-File service, by mail or by courier. Case material is not accepted by email. In May 2024 the Tribunal replaced its older Confirmation of Appeal step with the stages below.

File opened
The Tribunal confirms the appeal with an 11-digit WSIAT number and invites the respondent to take part.
Letter within about 3 weeks
Case Record
The Board's file is organized into a Case Record and sent to the worker. Where the employer participates, the worker is asked to consent to its release.
No fixed period
Pre-hearing review
The Tribunal looks for missing information or a question of jurisdiction, and can place the appeal in inactive status while it is sorted out.
Until resolved
Issues on Appeal letter
Opens the Disclosure Period. Each party returns its form and sends all the evidence it relies on.
4 weeks for each party
Hearing Ready Letter
Confirms the issues and closes the Disclosure Period.
When every party is ready
Scheduling
For an oral hearing the parties are contacted for a date. An interpreter is requested on the Notice of Appeal, and parties cannot bring their own.
Set with the parties
Hearing and decision
A single Vice-Chair or a Panel hears the appeal, in writing or orally, and the decision goes to every party and to the Board.
Usually within 120 days

How the firm handles a WSIB or Tribunal file

Reads the decision letter and fixes the deadline before anything else is done.
Files the Intent to Object or the Notice of Appeal, together with the authorization to see the claim file.
Checks the claim file against the Board policy the decision relied on, and asks treating practitioners and witnesses for what is missing.
Writes the section 4 submission or the Tribunal disclosure, and attends the oral hearing.

An injury at work can also raise a question under the Human Rights Code when a disability has to be accommodated on the return to work. That kind of application goes to a different body, the Human Rights Tribunal of Ontario, and the firm also acts for employers answering an application there.

The office is at 10211 Yonge Street in Richmond Hill. To start, send the decision letter through the free assessment form, or contact the office with the date printed on it.

FAQ

Frequently asked questions

How long is there to object to a WSIB decision?

The decision letter states the limit. The Board allows 30 days for decisions about return to work, including re-employment, and six months for other decisions. When one letter decides both kinds of issue, the six-month limit applies to all of it.

Can a WSIB decision go straight to the WSIAT?

No. The Tribunal hears only issues that a final WSIB decision dealt with. The objection goes first to the decision-maker and then to an Appeals Resolution Officer, whose decision is the Board's final one on that issue.

How long is there to appeal to the WSIAT?

Six months from the date of the final WSIB decision. After that, an application to extend time has to explain the delay, and a Vice-Chair or a Panel of the Tribunal decides whether to allow it.

Can a paralegal represent a worker or an employer at the WSIB and the WSIAT?

Yes. The Board asks that representatives be licensed by the Law Society of Ontario unless exempt, and By-Law 4 allows licensed paralegals to appear before tribunals established under Ontario legislation, which includes the Appeals Tribunal.

Does the WSIB hold an oral hearing for every appeal?

No. A party states a preference in section 6 of the Appeal Readiness Form, but the Board decides whether a hearing in writing or an oral hearing suits the case. An oral hearing is scheduled within 90 calendar days.

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Appealing a WSIB decision, from the objection to the Appeals Tribunal

Three levels between a WSIB decision and a final answer

The deadline depends on what the letter decides

What the Appeal Readiness Form asks for

Written review or oral hearing at the Appeals Resolution Officer

Hearing in writing

Oral hearing

At the Appeals Tribunal since the May 2024 changes

How the firm handles a WSIB or Tribunal file

Frequently asked questions

Related Legal Services

Request a Consultation

Contact us

Appealing a WSIB decision, from the objection to the Appeals Tribunal

Three levels between a WSIB decision and a final answer

The deadline depends on what the letter decides

What the Appeal Readiness Form asks for

Written review or oral hearing at the Appeals Resolution Officer

Hearing in writing

Oral hearing

At the Appeals Tribunal since the May 2024 changes

How the firm handles a WSIB or Tribunal file

Frequently asked questions

Related Legal Services

Request a Consultation

Contact us

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