July 15, 2013
If you are considering an appeal on a WSIB decision, the Office of the Employer Adviser (OEA) has a few suggestions.

Many employers choose not to appeal WSIB decisions as they are unfamiliar with the process and with what preparation they need to have a successful outcome.  

According to OEA, most WSIB decisions can be appealed if you believe they are incorrect, or contrary to the Workplace Safety and Insurance Act, 1997 (WSIA) or WSIB policy.

The agency suggests that to appeal a WSIB decision regarding a worker’s benefits, work reintegration, Second Injury and Enhancement Fund or Work Transition, complete an “Intent to Object Form” 2397A (ITO Form), which is available in the Employer Forms section of WSIB’s website. You may also call the WSIB at 416-344-1000, or 1-800-387-0750 and ask to have one mailed to you. This form is to be used for claims-related matters only. The ITO Form has extensive directions on it which must be followed.

Once you submit the ITO Form, the time limit to appeal stops running. You may then take as much time as you need to submit an Appeal Readiness Form to the WSIB.

To appeal a WSIB decision regarding classification or other revenue-related issues, write a letter to the decision-maker indicating your disagreement with his/her decision. Note that the WSIB will not automatically send you a copy of your firm file for employer account appeals. You will need to contact the Firm File Access area and ask for your firm file to be sent to you. For more information about accessing employer-specific information, refer to Operational Policy Manual Doc. No. 21-01-01 Access to Employer Information on the WSIB’s website.

If you have any questions, you may call the Office of the Employer Adviser for advice and/or representation at 416-327-0020, or toll free at 1-800-387-0774.