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Appeals: The oral hearing

 

If we agree that an oral hearing is the best way to decide your appeal, your hearing will take place within 90 calendar days. The hearing is your chance to tell us why you believe we should change the decision made on your claim.

Once a date has been set, you will be sent a Notice of Hearing letting you know the date, time and location of the hearing. Your hearing could be held in person at our offices or by phone on a teleconference. In most cases, oral hearings are held in the closest city to you with a WSIB office. All hearing rooms are accessible to wheelchairs, scooters and other mobility devices.

When you come to our offices for an oral hearing we will pay for you to be there. You will be asked to complete and sign an expense form to get money back for any mileage, parking and food costs. You will also be paid $55.48 for a half day or $110.96 for a full day of lost wages.

What to expect at an oral hearing

Whether your hearing takes place at our offices or by phone, it will be the job of an Appeals Resolution Officer (ARO) to hear your case, ask questions and make the final decision on your appeal. You will be need to answer questions under oath – which means you promise to tell the truth – and you will use your answers to tell the ARO why you believe we should change our decision. In most cases, the ARO will mail you the decision within 30 calendar days of the hearing .

Remember to tell the ARO if you have any new information before the hearing starts. The ARO may decide to delay the hearing to review this information. If you can, let us know about any new information before the day of your hearing.

If you need an interpreter

We can conduct your oral hearing in English or French. Interpreters can be requested for other languages, including sign language. If you make a request, we will arrange for an interpreter to be at your hearing. The interpreter will be independent and objective, which means that they don’t have a relationship to you, or anyone at the oral hearing, and are not affected by the result of your appeal.

If you need to request an interpreter, you should include it in the Appeal Readiness Form or the Respondent Form. Make sure you tell us:

  • what language you need spoken, and
  • the specific dialect, if needed.

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

 

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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