Objecting to a Decision by the Workplace Safety and Insurance Board
Objecting to a decision of the Workplace Safety and Insurance board begins with a denial letter from WSIB; this is called a decision letter. A decision letter may contain a decision on more than one entitlement issue and you may disagree with the decision on one or more of the issues. You should indicate the issue(s) you are objecting to and clearly indicate the date of the decision letter which contains the decision on that issue.
If you disagree with decisions made in more than one claim, you should submit an Intent to Object Form under each claim number in order to meet the objection time limits and identify the issue(s) in dispute in each claim.
Intent to object forms
Worker Instruction Sheet: Intent to Object Form (WSIB website)
Intent to Object Form (WSIB website)
Time Limit to Object
There is a 30 day time limit on decisions on return to work or labour market re-entry (now work reintegration)and 6 months for all other WSIB decisions. In order to meet the time limits, the WSIB must receive your Intent to Object Form by the time limit date given in the decision letter.
The WSIB has the authority under Section 121 of the Workplace Safety and Insurance Act to reconsider any decision at any time if it considers it advisable to do so". A referral to the Appeals Services Division may not be necessary if we are able to reconsider and change the decision with new information you provide.
To ensure the WSIB receives your Intent to Object Form within the time limit, you should not delay sending the Intent to Object Form because you are waiting for new information - new information refers to new documents that were not previously sent to the WSIB (e.g., a copy ofa recent specialist report, or Time Limits to Object
PSAC only represents on the Objections. If you have questions or want information about the process you should be checking with your local or component
As an injured or ill worker, you are expected to cooperate in the claims process this means that you must advise the WSIB of any material change within 10 day. A material change is any change in your income, return to work status, or medical condition.
If you would like representation from your union, contact your local and/or your closest Regional Office to see if there is a qualified WSIB appeal representative within your local that is available to represent you during the appeal process. If you are unable to get assistance within your local you can call the PSAC Regional Representative assigned to your local and/or the PSAC Health and Safety Representative.
Directley Chartered Locals (DCL)
If you are a member of a DCL and you requesting representation from PSAC on your WSIB objection you should first be checking with your locat executive to see what is contained in your “Servicing Agreement”.
You will need to provide the Regional Office with your complete WSIB file. You should keep a copy of your file for your records. Read your file before sending it to the Regional office; highlight the areas which are problematic or issues upon which you are seeking to appeal; and any new medical and / or information not on the WSIB file.
Upon receipt of your file PSAC will issue you a letter to confirm receipt of your file.
The PSAC will review your claim, to see if the case is ready to go to the appeal or objection process.
The case review will consider the following factors.
1. Do you have objective medicalevidence on file?
a. WSIB values medicals from Specialist over that of a General Practitioner
2. Is the medical evidence“objective or subjective”?
Objective medical evidenceis defined as "evidence obtained from the application of medically acceptable clinical or laboratory diagnostic.
Subjective means evidence is Personal, Peculiar to an individual, affected by personal views, arising from personal mental processes, arising from one's perceptions.
3. Are all the appropriate forms completed properly? The form 6, 7 & 8.
4. Does the objection involving Loss Time(loss of salary)? and if so for what period of time?
5. Your file will take approximately a month to be reviewed by PSAC.
Once the review has been completed, the PSAC will make the decision whether to accept the case. If PSAC decides not to accept the case, you will be advised in writing of the reason(s) why.
If your case is accepted the Representative who has been assigned your case will contact you and have you complete an authorization form. The authorization form allows your representative to act on your behalf before the Board.
Allow a resonable amount of time for PSAC Regional office to make an assessment on the merits of your case. Once this has been done the PSAC will advise you in writing of the decision to represent.
Direction of Authorization
If you are going to be represented by you union you will be required to complete The Direction of Authorization form, it can be found at the site below