So you’ve gone to WSIB, and the decisions turned out to be against you. Or, you might have a dispute over the final decision. In such cases, you can file a dispute in the Workplace Safety and Insurance Appeals Tribunal (WSIAT).
The WSIAT is the final level of appeal in which workers and employers can appeal for another decision. The WSIAT division is a separate entity and independent of the Workplace Safety and Insurance Board (WSIB). This is why you can be sure of an unbiased decision whatever the previous decision was.
So, now let’s dive deeper into the total procedure of appealing in WSIAT and the steps that are required!
Time Limits For Appeals
Once you’ve received the decision from the WSIB, you have 6 months in hand to appeal in WSIAT. In some cases, you can’t appeal to the WSIAT which includes decision about employer-requested health examinations and certain commutations. It’s highly recommended that you consult with an expert WSIAT representative regarding your case prior to the deadline. He/she will walk you through the complete process and will help you to receive your desired decision.
Prerequisites To Appealing
There are certain rules as to who can appeal to the WSIAT board. You can appeal if you’re one of the following:
- An injured worker
- An injured worker’s employer
- The spouse, dependent, or estate of a deceased injured worker
The Appeal Process
You can only appeal to the WSIAT if you’ve received final decisions from the WSIB, which is usually done by an Appeals Resolution Officer (ARO). To appeal, you must complete the WSIAT Notice of Appealhttp://www.wsiat.on.ca/english/forms/index.htm(NOA)form and submit it within the deadline of 6 months.
Consequently, you must include a copy of the original decision to which you’re appealing with the NOA form. You must send these documents to the WSIAT via mail or fax. You’ll receive a receipt which you must keep in case you need it.
Next, you’ll receive a Readiness Form from the WSIAT where they’ll state that your NOA form has been received. Once you sign the Readiness Form, you’ll be asked for the hearing. Once the WSIAT board has received your Readiness Form, they will then prepare the Case Record for your appeal.
Once you get the confirmation of the Case Record, you can be sure that WSIAT will review your appeal. The Case Record will contain all your WSIB files and relevant data that might come into use during the hearing. Afterwards, WSIAT will send the Case Record to you along with the Confirmation of Appeal (COA) form.
This means that you’re on the waiting list and you’ll be called upon for the hearing. The case might remain on the Notice for Appeal List for as long as two years from the date of issuing, so you’ll have to wait for them.
You should also review the Case Record and check that all information are received by the WSIAT. Failure to do so might result in rejection of the appeal. If you obtain new information or evidence, you can send those to the WSIAT 3 weeks prior to the hearing.
Consulting With A Representative
Not only these, there are many other steps before you successfully appeal to the WSIAT. You’ll have to make sure that the board is aware of the witnesses, information is adequately gathered, and what you have claims on. There are hundreds of other steps, and a WSIAT representative can genuinely help you cut through the time and efforts.
So, appealing in the WSIAT can be a very lengthy process – you ought to do this right. At first, you must complete the Notice of Appeal form, which you should send to the board via mail or fax. If received, WSIAT will send you a Readiness Form. This is the form that will get things going.
Once you’ve signed in the Readiness Form, your Case Record will be filed. Here you must attach all the required documents and have it sent to the board. It’s recommended that you opt for a professional WSIAT representative who’ll help you prepare and represent your case to the board.
In this case, the whole process will be smooth and will save you both time and effort.