Position Description: Member
Purpose of Position
To hear appeals from final decisions of the Workplace Safety and Insurance Board and to decide whether a worker has the right to sue for personal injury in the Courts. To participate in tripartite hearings; to reach decisions based on evidence and submissions; to assist in the direction of post-hearing submissions and investigations where appropriate.
Appeals involve novel, complex and contentious issues (e.g., occupational disease and other complicated medical claims, return-to-work disputes, disputes involving lengthy periods of benefits, employer penalties, employer assessments). Decisions are made under four different legislative schemes and affect the workplace safety and insurance system in Ontario.
The decisions must be rendered impartially and must appropriately consider workplace safety and insurance legislation, prior Tribunal decisions, evidence, Board policy, administrative law requirements and any other applicable law.
Hearings are conducted in a tripartite environment, which is respectful of the parties, their representatives and other Tribunal members and staff.
Major Responsibilities
- Participate in hearings as part of a tripartite panel. Local hearings are held in Toronto, Hamilton and Kitchener. Other hearings are held in London, Ottawa, Sudbury, Thunder Bay, Timmins, Sault Ste. Marie and Windsor. Members are required to travel for hearings. Out-of-town hearing schedules generally last for three days and require the ability to manage contentious proceedings without the immediate support of the Toronto office.
- Apply excellent judgment and a sound knowledge of administrative law principles to a variety of hearing formats involving unrepresented parties, and parties with varying types of representatives. Hearing skills include analytical ability, initiative, decisiveness, tact and discretion. Hearings vary in length and complexity and may be oral, written or electronic.
- Apply the Tribunal’s principles of collegial tripartitism, ensuring that all points of view are considered in caucus and decision-making.
- Adhere to the Members’ Code of Professional Responsibility as amended from time to time. For example, a member may not practise in the area of workplace safety and insurance and cannot make public statements on matters that may be adjudicated.
- Make determinations from the evidence and arguments presented at the hearing. Understand the interrelationship between the individual case and the broader workplace insurance scheme, involving industry rating. Assist in deciding whether post-hearing investigation is necessary and issue instructions to Tribunal Counsel and/or Tribunal medical assessors. Assist in reaching decisions taking into consideration such factors as evidence presented, existing legislation, Board policy and Tribunal caselaw. Review written decisions prepared by Vice Chairs of tripartite panels and, where appropriate, prepare written dissents. Written decisions must be issued in a timely manner.
- Participate in prehearing conferences which identify the important issues, determine the status of parties, decide the order of evidence, etc. The purpose of the prehearing conference is to narrow the issues and make sure the subsequent hearing is effective and properly focused.
- Perform all work, including hearings, prehearing conferences and final adjudication, so as to maintain and enhance the credibility of the Appeals Tribunal with its client groups. A member must be mindful of the need for due process, the requirements of natural justice, applicable legislation, Tribunal procedures and practices and rules of evidence. Members must apply statutes, Board policies, the common law, and Tribunal rules and procedures fairly and appropriately.
- Conduct mediation from time to time as needed.
- Perform the work required in an effective, pro-active, self-directed and timely manner, using the resources of the Appeals Tribunal appropriately and working with the staff, Vice-Chairs, other side members and the Chair, in a supportive, courteous and responsive manner. Participate in Tribunal committees as requested on policy and procedure matters.
- Take part, as requested, in the Appeals Tribunal’s Case Management initiatives. Case Management requires that all participants be able to work in a team setting with Vice-Chairs, members and staff.
- Attend Tribunal orientation training, training days, Assembly meetings and other continuing education programs. Members must read other Tribunal decisions as part of their continuing education during their time at the Tribunal.
- Undertake, with the agreement of the Chair, public speaking engagements and other such activities which have the effect of explaining the work of the Appeals Tribunal.
