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Appeals: Objecting to a WSIB decision

 

You will receive a letter from the WSIB informing you of a decision in your claim or the claim of your employee. If you disagree with the WSIB’s decision, respond to the letter as soon as possible and explain why you disagree; point out any facts you think were overlooked and ask the decision maker to reconsider the decision.

The person who signed your decision letter is your decision-maker. They can help you through the objection process. Clear communication prevents many disputes before they start.

Whether you resolve your dispute early through discussion, or launch a formal appeal, we'll give you instructions on how to proceed through each step of the objection/appeals process. In the case of a return-to-work dispute, you can ask your Case Manager to arrange for a Return to Work Specialist to help find a resolution.

If, after reviewing any additional information you provided, the original decision remains unchanged, the decision-maker will send you another letter explaining why the decision remains the same. At this point, you have another opportunity to object by filling out an Intent to Object form (PDF).

While we prefer that you complete the form, the WSIB will also accept a letter of objection.

Getting an Intent to Object form

You can download the Intent to Object form (PDF) or your can have one mailed to you by calling 416-344-1000, or 1-800-387-0750. WSIB staff can also help you to complete the form. You can also refer to this Intent to Object form instruction sheet (PDF).

Completing the second page of the Intent to Object form (PDF) is optional but you may do so if you have new or additional information that you want the WSIB decision-maker to consider.

After you have completed the form, you must send it to the WSIB by fax or by mail.

Who can complete the form?

If you cannot complete the form, someone else can complete the form on your behalf, but it must be signed by you if you do not have a representative. If you have a representative it is acceptable for your representative to be the only one who signs the form.

Time limit for submitting an objection

There are legislated time limits for submitting an objection. You have up to 30 days to object to a WSIB decision about return to-work or work transition issues, including re-employment decisions.

You have up to six months to object to any other WSIB decision.

To meet the time limit, we must receive your Intent to Object form (PDF) before the time limits set out on your decision letter.

If you miss the time limit and still want to object, you must send a letter to the decision-maker asking for an extension and explaining why you missed the time limit.

We will write to you to tell you if we can extend the time limit.

The WSIB will default to the six-month time limit in a situation where a party is objecting to two different decisions with two different time limits (e.g., work transition issue with a 30 day time limit and a loss of earnings issue with a time limit of six months.

Review of my Intent to Object form

The decision-maker will review your Intent to Object form (PDF) and reconsider the decision if new information is provided. This step generally takes 14 business days. If the decision on the claim is changed, the decision-maker will notify you.

For workers, if the decision is not changed, the decision-maker will send you a copy of your claim file, along with an Appeal Readiness form and an instruction sheet.

For employers, after the worker indicates that they do not object to the release of information to you, you will receive initial access to the claim file, along with an Appeal Readiness form and an instruction sheet.

 

Forms

  • Intent to object (PDF)
  • Appeal Readiness
    (Mailed to you, along with your claim file record, once you have submitted an ITO)

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