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Appeals: The oral hearing

 

An oral hearing can be held in person or by teleconference. If the WSIB decides an oral hearing is necessary, it will be held within 90 calendar days after we have confirmed that an oral hearing is required.

Once a date has been set, the participants will be sent a Notice of Hearing with the date, time and location for the hearing. In general, oral hearings are held in the city closest to the worker that has a WSIB office.

The Appeals Resolution Officer will generally make a decision in the appeal within 30 calendar days (plus five calendar days for mailing) after the oral hearing is completed.

What happens at an oral hearing

The appeal participants attend a WSIB office and appear in person (or by teleconference) before the Appeals Resolution Officer. The worker and witnesses (and employer if they are participating) answer questions under oath and oral arguments are made by the participants.

 

Hearing rooms are at 40 University Avenue (on the fourth floor) in Toronto and the regional offices located throughout the province. All hearing rooms are accessible to wheelchairs, scooters and other mobility devices.

Attendees at an oral hearing should not use scented products when visiting a WSIB office because they can cause health problems for some people.

Oral hearings are less formal than a court but the Appeals Resolution Officer will guide the oral hearing in a structured way.

Oral hearing participants can call the Appeals Coordinator to advise of the date of the hearing if there are any questions about the arrangements.

The worker will be paid by the WSIB for attendance. At the oral hearing the worker will complete and sign an expense form (the Appeals Resolution Officer will help) to claim mileage, parking, meals, and lost wages. It is important to note that lost wages will be paid at a set amount for a half day or a full day, and will not be paid based on an individual’s wages.

Interpreters

The Appeals Services Division will arrange for an independent and objective interpreter to be in attendance at an oral hearing where it is requested by the workplace parties. Interpreters can be provided for languages other than the French or English including sign language.

The party requesting the interpreter should include information about the request in the Appeal Readiness Form or the Respondent Form about:

  • the need for an interpreter
  • the language spoken
  • the specific dialect, if applicable

For additional information about arranging for an interpreter please see the Appeals Services Division Practice & Procedures document (PDF).

Friends and relatives of appeal participants generally are not permitted to interpret evidence at an oral hearing.

 

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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