WSIB Level III - Appeals & Dispute Resolution May 2004

From May 8-14/2004 I had the chance to attend the WSIB III Course (Appeals and Disputes Resolution) put on by the ODRT (Occupational Disability Response Team) a part of the Ontario Federation of Labour.  I would like to thank John Millholland for putting forth the motion and the rest of the membership for sending me on the training.

The course was developed in September 2003, with the most current and up to date polices and legislation.  One must always keep in mind though the rapid changes that are made to these laws (especially to board policy). 

For those who are not familiar with the WSIB (Workplace Safety and Insurance Board) it is the agency responsible for administering the laws pertaining to workplace accidents and receivable benefits.  These laws are the WSIA (Workplace Safety and Insurance Act).

One of the main reasons for the course's development was because every year in Ontario over 300,000 workers are injured on the job.  Sometimes when a worker suffers an injury, they lose earnings or require special services or treatment.  This becomes the responsibility of the WSIB. 

Many workers receive entitlement for their injuries from the board without any delay or difficulty.  However, there are a great number of decisions that are denied and therefore become subject of a formal appeal. 

This is where this course is designed for workers or worker representatives who are exposed to negative decisions and attempt to resolve issues through the appeal system.  The emphasis is on resolving these issues in a timely fashion using facts, medical opinions, jurisprudence (knowledge of the laws) and sound legal arguments. 

This course also benefits people who will act as representatives of injured workers before appeals at the WSIB and Workplace Safety Insurance Appeals Tribunal (WSIAT).  In simple terms I received the necessary tools to be an advocate on behalf of injured workers.

Now in simpler words, I found this course to be very intense.  There were two days where between 16 and 19 hours were put in just to be ready for the next day.  After learning how WSIB files are organized,  we were given an actual file at the appeal level where and ARO (Appeals Resolution Officer) will hear your reason why the previous decision should be overturned and the reason from the employer why it should be upheld.  The employer usually has a high priced lawyer to fight their side.  The injured worker who most likely is not receiving any income or very little cannot afford a lawyer.  They then need a qualified or effective person to represent them. 

If for some reason the decision is not overturned the forms are filled out for a WSIAT (tribunal) hearing.  At this level it can be requested to have the case heard by a single adjudicator or a tripartite panel consisting of a vice-chair and two side members one representing the business community and the other representing the labour community.  If the decision is not overturned at this level, it is now next to impossible to get it overturned.

At the end of the course I understood quite a bit about the following:

-the structure of the appeals branch
-applicable legal principles
-the steps taken in preparing for an ARO appeal
-Participate in a a mock ARO appeal
-How to examine a witness
-the steps taken in requesting a WSIAT appeal
-Participate in a mock WSIAT appeal
-how to request an adjournment
-how to request a reconsideration of a WSIAT appeal

I would like to thank every one who made this course possible for me one last time.  It was probably the best and most educational course I have ever taken.

Thanks
Peter vanWijnen