If we make a decision you do not agree with, your first step should be to discuss the issue with the person who made the decision. By communicating cooperatively with your decision maker, you can often resolve a dispute early, without going through the substantial time and effort of a formal appeal.
New appeals process
Second mailing to complete the Transition Appeal Readiness Form in outstanding cases deferred to week of April 19, 2013.
Intent to Object form
Our Intent to Object form is now available online with instructions:
- Intent to Object form (86.0kb, PDF)
- Instructions for employers (82.8kb, PDF) on how to fill out the Intent to Object form
- Learn about our consultation on the modernization of the WSIB’s appeals program
Even when a formal appeal is necessary, we always encourage a positive and cooperative approach in order to reach a resolution that is fair to everyone involved.
Thinking about appealing?
If you are considering an appeal, here are a few things you should know:
- We’ll help you through the dispute resolution process
Whether you resolve your dispute early through discussion, or actually launch a formal appeal, we'll give you instructions on how to proceed through each step of the dispute resolution process.
- If you have questions about a decision, ask us - we’re here to help
Clear communication prevents many disputes before they start, so it’s in everyone’s interest that we help you understand any decision we make about your case.
With this goal in mind, we’ll send you a letter explaining any decision we make about your case. If there’s anything in the letter you don’t understand or don't agree with, please feel free to call us. The WSIB decision maker will be available to answer your questions or discuss your concerns.
Where there is an issue in dispute, we’ll also provide you with a copy of the relevant documents from the claim file.
There are legislated time limits for submitting an appeal. The letter that explains the decision indicates the time limit to appeal the decision. In order to meet the time limit, we must receive your Intent to Object Form before that date.
If you wish to object to a decision we've made, you must provide a written explanation of your objection in order to seek resolution. This will make it clear to everyone what your concerns are.
You can have your decision reconsidered
To make early resolution of disputes easier for you, a WSIB decision maker will reconsider decisions at your request. The decision maker will consider information in the case file, new information you provide, any new information on your Intent to Object Form, and information from your discussions with the decision maker. If you are not satisfied with the outcome of this reconsideration, you can still decide to make a formal appeal.
The Appeals Services Division offers two methods of dispute resolution
- A hearing in writing could resolve simple issues more quickly, based on a review of the claim file documents and submissions
- An oral hearing is generally used to resolve more complex disputes
Please refer to the Appeals Services Division Practice and Procedures (190.0kb, PDF) document for more detailed information.
Return to work disputes
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 this does not result in a satisfactory resolution, you can launch a formal appeal.
Can I participate if a worker is filing an appeal?
Workers or employers who do not agree with a decision made by a WSIB decision maker can object to that decision.
When we receive an objection, we issue a Participant Form to the non-objecting party. For example, if the worker is objecting to a decision, the employer will be notified of the objection and will receive an Employer Participant Form.
If you receive a Participant Form, you must fill it out and return it to the WSIB within 30 days to ensure that you receive notice of the proceeding and an opportunity to participate in any appeals on the issue.
If you do not fill out the form to express an interest in participating, we will not send you any further information about the objection or about any appeal of the issue.
If you are not participating in an appeal by one of your workers, we will send you a copy of the written decision when the appeal process is complete.
For more information, please refer to Appeals Services Division Practice and Procedures (190.0kb, PDF)
Our guidelines for dealing with a dispute
To read about our guidelines for dealing with a dispute, download our Appeals Services Division Practice and Procedures (190.0kb, PDF) guide
Learn about how we work together with the Workplace Safety and Insurance Appeals Tribunal (WSIAT) to improve how appeals are managed and to ensure the best possible case process for employers and injured workers.
For more information on how we deal with disputes, call 1-800-387-0750 or 416-344-1000.