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Workplace Safety and Insurance Appeals Tribunal (WSIAT)
Adjudication Update Q and A – Revised June 15, 2020

The WSIAT is committed to providing service to stakeholders and continues to diligently work to respond to the unprecedented challenges arising from COVID-19. This document provides updates about the WSIAT’s operations during this time and replaces previous communications, including the most recent June 1st version of this document.

The WSIAT is considering all possible options in order to continue to process and adjudicate appeals, applications and other matters during this period in a fair manner. Throughout COVID-19, the WSIAT’s operational decisions have been guided by the following values and commitments:

Important updates for parties, representatives and stakeholders to be aware of include:

Thank you for your ongoing co-operation and patience as we navigate these extraordinary circumstances.

Question #1: What is happening with matters previously scheduled to proceed in-person, including matters scheduled to reconvene as an in-person hearing? How are new hearings being scheduled?

Question #2: I do not want my hearing to proceed by an alternative hearing method (i.e., teleconference, videoconference, or in writing). How do I raise my concerns with the WSIAT?

Question #3: What factors will the WSIAT consider when determining whether an in-person hearing can be converted into an alternative hearing format (either in writing, teleconference or videoconference)?

Question #4: When will in-person hearings resume?

Question #5: Are matters proceeding by remote videoconference at this time?

Question #6: If my matter is scheduled to proceed by teleconference but all participants are able to participate by videoconference, can I request that the hearing be converted to a videoconference?

Question #7: How can I help ensure that a matter proceeding by teleconference or videoconference will proceed as smoothly as possible?

Question #8: Can a worker claim expenses in relation to attending a teleconference or videoconference hearing?

Question #9: How are pre-hearing conferences being utilized during COVID-19?

Question #10: Can parties request accommodation, both with respect to hearings and non-hearing related matters?

Question #11: How can I communicate with the WSIAT at this time?

Question #12: Will case materials be sent to parties who are represented during this time?

Question #13: Why does the WSIAT not send and receive case-related materials by email?

Question #14:  Does the three-week rule still apply? Am I required to submit evidence and witness lists prior to a teleconference or videoconference hearing?

Question #15: Does the new “one-week” rule apply to legal submissions?

Question #16: Can witnesses be summonsed during this period?

Question #17: Is ADR available during COVID-19?

Question #18: My hearing will be proceeding in writing – can I submit a statement? Does it need to be in the form of an affidavit?

Question #19:  Will electronic signatures be accepted at this time? 

Question #20: Will the WSIAT accept affidavits that are virtually commissioned during COVID-19?

Question # 21: Is it necessary for forms to be signed by both the party and the party’s representative before it is filed during this time? 

Question #22: What are the WSIAT’s expectations of representatives during this time?

Question #23: Will the audio of teleconference and videoconference (when available) hearings be recorded?

Question #24: Is the WSIAT still releasing decisions? 

Question #25: Will post-hearing work, including obtaining medical information or seeking assistance from a Medical Assessor, be performed during this time?

Question #26: Will the WSIAT provide “final” WSIB updates to parties and the Vice-Chair or Panel in teleconference and videoconference hearings?

Question #27: Is it necessary to provide full copies of decisions when submitting a casebook?

Individuals can make general inquiries about the WSIAT’s operations by calling the WSIAT Remote Call Centre at 416-436-8378 (or 1-888-618-8846) or sending an email to WSIATCallCentre@wst.gov.on.ca. Please note that this email address is for general inquiries only - do not submit case-related information to this email address. To protect private confidential information, the WSIAT will not respond to case-related messages sent to this email address and emails with case-related information will be deleted.

Updates about the WSIAT’s operations will continue to be posted - please check our website regularly for the most recent information. It is important to note that procedures in any individual matter may be adjusted as determined necessary.